THE DISTRICT COURT

OF JOHNSON COUNTY, KANSAS

Jason Miller and Bite Club of KC )

Plaintiffs, )
)
v. ) Case No. ) Div.
)
Michael Meadors and the Johnson
County Parks and Recreation District )
)
Defendants. )

PETITION FOR A TEMPORARY RESTRAINING ORDER

Plaintiffs, pursuant to K.S.A. 60-903, respectfully Petitions the Court for a Temporary Restraining
Order prohibiting Michael Meadors and the Johnson County Parks and Recreation District from
proceeding with a deer herd reduction in Shawnee Mission Park and adjacent park properties through
the use of archers or by other lethal means.

INTRODUCTION

1. Defendants Michael Meadors and the Johnson County Parks and Recreation District have
scheduled a deer herd reduction in Shawnee Mission Park through the use of archers for December 9th,
2009.
2. This Petition for a Temporary Restraining Order is made pursuant to K.S.A. 60-903 and
appropriately verified according to the Rule.
3. Plaintiff is entitled to a Temporary Restraining Order because: (1); (2); (3) the harm to Plaintiff
if the TRO is not granted will substantially outweigh any harm to Defendant from entry of a TRO; (4)
Plaintiff has no adequate remedy at law; and (5) the granting of a TRO will advance the public interest.

PARTIES, JURISDICTION, AND VENUE

4. Plaintiffs are the individual founder of Bite Club of KC residing at Lenexa, KS and the thousands
of members of Bite Club of KC who reside at various locations around the world.

5. Defendants are the Director of the Johnson County Parks and Recreation District and the
Johnson County Parks and Recreation District, and Defendants are charged with the responsibility of
managing the public parks system in Johnson County, Kansas.
6. Jurisdiction and venue over this action vest with this Court because the Plaintiffs reside in
Johnson County and because the subject of the action is located in Johnson County and is managed by
the Defendants, representatives of Johnson County’s government.

FACTS

7. Defendants Michael Meadors and the Johnson County Parks and Recreation District have
scheduled a deer herd reduction in Shawnee Mission Park through the use of archers for December 9th,
2009.
8. Said deer herd reduction is unnecessary, unethical, unlawful, and potentially harmful to
Plaintiffs.
 REQUEST FOR TEMPORARY RESTRAINT ORDER

9. K.S.A. 60-903 provides this Court with the authority to issue a Temporary Restraining Order
upon pleading facts that show that the party seeking relief has no adequate remedy at law, and
irreparable harm will result if the relief is not granted.

Probability of Success

10. Once presented with the facts, the Court will very likely grant a Permanent Injunction,
prohibiting Michael Meadors and the Johnson County Parks and Recreation District from enabling the
gratuitous slaughter of any additional deer in Shawnee Mission Park, or any public properties under
their jurisdiction.

Absent Injunctive Relief, Plaintiff Will Be Threatened with

Irreparable Harm

11. The potential harm that will befall Plaintiff if the Court declines to enter a Temporary Restraining
Order will be severe emotional trauma caused by the unnecessary annihilation of additional deer in
Shawnee Mission Park—a suburban, family park where hunting is prohibited, a severe reduction of the
opportunity to enjoy the aesthetic pleasure of viewing deer in Shawnee Mission Park, wounded deer
crashing through windows/sliding glass doors or causing traffic accidents at or near the homes of those
members of Bite Club of KC who live near Shawnee Mission Park, and severe emotional trauma to
Plaintiffs’ children upon encountering dying or deed deer in or near Shawnee Mission Park.

Plaintiff has no Adequate Remedy at Law

12. Each individual deer, such as those at issue in this action, is unique and impossible to replace.
13. The Defendants have abused their power, misled the public, defied the public’s (their
paymaster’s) will, and violated their own laws and policies to initiate the deer herd reduction in
Shawnee Mission Park, even when presented with a viable and cost-effective non-lethal remedy to the
deer overpopulation problem.
14. As such, the Plaintiff’s only option is to seek the Court’s intervention.

Balance of Harm

15. As demonstrated above, the injury to Plaintiffs if the deer herd reduction in Shawnee Mission
Park through the use of archers is allowed to move forward is significant and irreparable.
16. This damage to Plaintiffs clearly outweighs any inconvenience that may be sustained by Michael
Meadors and the Johnson County Parks and Recreation District.

Public Interest Weighs in Favor of Injunctive Relief

17. The public interest would be well served if the Court grants the Temporary Restraining Order.
18. Deer culling is rampant throughout the United States. Volumes of evidence demonstrate that
urban and suburban deer over-populations can be managed through non-lethal means, including
immunocontraceptive drugs, fencing, deer repellants, green tunnels, road reflectors, and stricter traffic
regulation. The result of this Temporary Restraining Order and a subsequent Permanent Injunction
would be that the Defendants would be forced to manage the deer population under their jurisdiction
via non-lethal means, thus sparing the public the trauma associated with the gratuitous killing of
wildlife in no-hunting areas and the inherent dangers of deer population management via lethal
means.

Wherefore Plaintiffs request that the Court enter a Temporary Restraining Order restraining Defendants
from carrying out a deer herd reduction in Shawnee Mission Park and adjacent park properties through
the use of archers or by other lethal means. Plaintiffs further request that the Court enter an order
awarding such and further relief that the Court deems just and proper

Respectfully Submitted,

By_________________________________
Jason Miller and Bite Club of KC
Lenexa, KS 66215
913-742-1200
Pro Se