MOBILE, Ala. (WPMI) -- A restraining order that is stopping Dauphin Island from eradicating foxes will remain in place, for now. A judge on Friday also denied Dauphin Island's request to dismiss the civil complaint Spence Harrison filed against the town. Dauphin Island says the fox population has gotten out of hand, and they're preying on birds and sea turtles. Harrison photographs foxes on the island and is fighting in court to protect the animals. Harrison says it's appalling what the town is trying to do.
"It's just terrible the way they plan on extinguishing these foxes," said Harrison.
Attorneys for Dauphin Island accuse Harrison and others of exacerbating the problem by feeding the foxes. In a hearing on Friday, they showed the court what they dubbed a "charcuterie board" for foxes. It's a picture of a piece of driftwood with eggs, chicken, blueberries and cookies on it, with an interested fox standing over the spread. Other photos submitted in the town's motion to dismiss the case included pictures Harrison posted on his social media account showing him treating one fox with mange and feeding another fox cheese.
"Over the past few years, there's been a fox population that's not indigenous to the town, that's basically been a big threat to the sea turtles, and they literally are coming over the cages that we have set up to protect those nests and eating them as they're hatching," said attorney Nash Campbell, who represents Dauphin Island.
Campbell says one picture taken Monday morning shows fox prints around a nest where they've placed a protective cage. Other photos taken at night show a fox around other nests. Campbell says culling will not take place island-wide. According to the work initiation document Dauphin Island's mayor signed on September 3rd with the United States Department of Agriculture Animal and Plant Health Inspection Service (APHIS), only foxes on public property at the 3,343 acre west end beach and 340 acre Graveline Bay Park near the airport would be targeted using dog proof foothold traps, body grip traps, cage traps, neck snares and firearms.
"It will be lethal, but it'll be trapping and hopefully euthanization. But at worst, firearms, typically, from what I understand, they don't use firearms unless it's rabid," said Campbell.
"It would be heartbreaking to have one of them get their leg caught in a leg trap and halfway severed, but the other half still there, so they can't move, and then have someone come shoot it maybe one or two days later after it suffered. So anyway, that's just a horrible, horrible fate. I can't imagine doing that to any animal," said Harrison's attorney Mary Beth Mantiply.
Mantiply also points out the town's wildlife management plan includes targeting nutria raccoons, coyotes, bobcats, and opossums.
"If you kill all the predators, guess what happens with your mice and rat and snake population? They explode," said Mantiply.
Mantiply says there are non-lethal options the town could use. Campbell says they have.
"All the other non-lethal methods that they've been trying to use have not been working," said Campbell.
Friday's ruling is only a temporary win for the fox advocates. There is another court hearing on October 10th, and the judge could lift the restraining order then.