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CHARLESTON (AP) - A disabled hunter is challenging West Virginia's crossbow hunting ban, claiming it violates the Americans with Disabilities Act.
Peter Cuffaro of Wheeling sent a complaint to the U.S. Department of Justice in June. The complaint names the state's Division of Natural Resources, which regulates hunting.
Cuffaro, paralyzed from the chest down after a diving accident in 1983 that injured his spinal cord, can move his hands and arms but must use a wheelchair.
He said weakness in his left hand and shoulder problems will keep him from bowhunting this season.
A crossbow, which is held horizontally compared to the traditional vertical bow, would be easier for him and other disabled hunters to use, Cuffaro said.
But West Virginia law prohibits using crossbows for hunting.
DNR wildlife biologist Chris Ryan said the archery season is intended for primitive weapons.
That does not include crossbows, because they are more accurate than traditional bows, have a greater range and are more like rifles since they can be held cocked and can be shot with little movement, Ryan said.
Lt. Col. Bill Daniel, with DNR's law enforcement division, said he was unaware of any pending litigation.
Hunters who want to use crossbows should contact their legislators, Ryan said.
The West Virginia Bowhunters Association opposes allowing hunters to use crossbows during the archery season.
"We are definitely not against the handicapped,'' director Steve Frye told the Sunday Gazette-Mail in Charleston. Frye said he's concerned that any allowance for crossbows could be abused by those who are not disabled.
Larry Lawson, a legislative representative with the bowhunters group, said allowing crossbows would lead to more animal kills, and added that some disabled hunters can use modified bows and braces.
Cuffaro's complaint follows efforts by Tom LaQuey of Mosca, Colo., who successfully challenged that state's ban on crossbow hunting and who helped form the Coalition for Disabled Hunter Rights.
LaQuey, who has a shoulder prosthesis, is unable to use a traditional bow.
"The reason we started is that the disabled still aren't allowed to hunt in archery season if they need something besides a regular bow,'' LaQuey said.
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