Mike Yoder, et al. v. Scott Bowen, et al.

Grand Rapids, Michigan civil rights lawyers represented the Plaintiff t challenging a Michigan law that bans the use of drones to hunt or collect downed game.



After a hunter shoots a game animal, such as a deer, the animal often runs away and dies

in another location. Tracking dogs and trail cameras are two ways of finding the animal. DDR

offers a third option—one that it says is less environmentally intrusive and more effective than

dogs or trail cameras. A hunter in an area where DDR does business can use DDR's website to

connect with a nearby drone operator. The drone operator then searches for the downed animal's

heat signature using the drone's infrared camera and thermal imaging technology. Upon finding

a heat signature, the drone operator activates the drone's camera and search lights to identify the

downed deer.



If the drone operator determines that the animal is dead or will die by the next morning,

the operator creates a Global Positioning System (GPS) location pin for the animal's location and

sends that information to the hunter. The hunter can then find the downed animal using Google

Maps or a similar application.



Plaintiffs allege that a Michigan law prohibiting the use of drones to hunt or take downed

game (the Drone Statute) prevents DDR from doing business in Michigan. See Mich. Comp.

Laws § 324.40111c(2) (2015). The Michigan State Legislature enacted the law to prevent the

use of drones and unmanned submersibles—by either anti-hunting activists attempting to disrupt

hunting or hunters seeking an unfair advantageNo. 24-1593 Yoder et al. v. Bowen Page 3

principles and take away from the spirit and tradition of ethical hunting and fishing.” R. 25-1,

PID 123.



As relevant here, the Drone Statute proscribes "tak[ing] game or fish using an unmanned

vehicle or unmanned device that uses aerodynamic forces to achieve flight.” Mich. Comp. Laws

§ 324.40111c(2). The statute defines "take” as "to hunt with any weapon, dog, raptor, or other

wild or domestic animal trained for that purpose; kill; chase; follow; harass; harm; pursue; shoot;

rob; trap; capture; or collect animals, or to attempt to engage in such an activity.” Id.

§ 324.40104(1). "Game” is any animal from an enumerated list of 39 wild animals. Id.

§ 324.40103(1). Violating the Drone Statute is a misdemeanor punishable by fine of $50–500

and/or up to ninety days' imprisonment. Id. § 324.40118.



The Michigan Department of Natural Resources (the MDNR) has regulatory authority

over "managing animals” in Michigan, which includes determining "lawful methods of taking

game.” Mich. Comp. Laws § 324.40107(1). Accordingly, it is responsible for enforcing the

Drone Statute. It has issued public guidance explaining that the Drone Statute prohibits

individuals from using drones to locate or recover injured game, specifically stating that

"[a]ttempting to locate and/or recover game, either dead or wounded, is an act which falls within

the definition of 'take.'” Mich. Dep't of Nat. Res., After the Harvest, MICH. SMALL GAME

HUNTING REGULS. SUMM. (2024), https://perma.cc/WN87-9FRY (the "Hunting Regulations

Summary”). Plaintiffs also allege that the MDNR informed two persons who sent the MDNR

inquiries about using drones to locate downed deer in Michigan that such drone use is illegal.

Dismissed.



Affirmed.