In a ruling likely to provide a nationwide precedent, the Virginia Supreme Court in mid-July upheld a lower court¹s ruling that bowhunting is a safe, science-based tool of wildlife management, and that local communities cannot outlaw bowhunting programs that comply with directives from state wildlife agencies.

The Supreme Court, in choosing not to hear an appeal by the Reston Homeowners Association, also upheld a lower state court's decision to allow the Archery Trade Association to recover all legal fees. After being alerted to the situation by the Suburban Bowhunters of Northern Virginia, the ATA brought legal action against the Reston Homeowners Association in January 2007. The ATA won the lawsuit in December 2007, and continued the fight after the homeowners' association appealed to the Supreme Court in May of this year.

As a result of the victory, bowhunters will return to Reston's woodlots this fall to reduce deer numbers and damage problems.

"This is a huge victory for bowhunting, not only in Virginia, but quite likely nationwide," said Jay McAninch, the ATA's President/CEO. "The Virginia Supreme Court reinforces four critical points that form the foundation of bowhunting in America.

* First, bowhunting in urban areas can be done safely without putting people or property at risk.

* Second, individual property owners can use bowhunting to address deer-damage and nuisance problems.

* Third, wildlife is a public resource that's held in trust and managed by states -- in this case, the Virginia Department of Game and Inland Fisheries -- for the public's benefit.

* And four, individuals or homeowners' associations cannot usurp state authority, or use the courts to shut down or interfere with a legitimate bowhunting program. When people or groups violate these historical, well-established lines of authority and take actions based on personal opinions, it's going to cost them."

The ruling ends a long-running legal dispute that began in 2004 when the Reston Homeowners' Association adopted a covenant to shut down the suburb's bowhunting program. Two local residents and the Suburban Bowhunters of Northern Virginia opposed the covenant and began working with the ATA in 2006 to challenge it in court.

The ATA filed its initial complaint in January 2007, maintaining -- among other things -- that the covenant violated Virginia's Constitution regarding wildlife management. At one point, the ATA subpoenaed testimony from the Department of Game and Inland Fisheries because Virginia's attorney general would not enter the case to enforce the agency's wildlife-management authority.