A Beard man is suing West Virginia’s Division of Natural Resources on two fronts, and asking that he be issued an apology from top DNR officials because they have “slandered, defamed and libeled” him and claiming he was capriciously denied a permit.

Joel Rosenthal, who was charged with illegal possesion of wildlife because he had accepted an orphan fawn to care for, appealed his case from magistrate court, where he lost, to Pocahontas County Circuit Court where then-Chief Judge Frank Jolliffe ruled Rosenthal had a right to a jury trial in the lower court. Rosenthal lost again. His subsequent appeal to circuit court was heard by Judge Joseph Pomponio, who ruled in Rosenthal’s favor.

It was the DNR’s turn to appeal. In January, West Virginia’s Supreme Court of Appeals upheld Pomponio’s decision.

According to Rosenthal, DNR officials were undaunted by the high court’s ruling.

DNR Director Frank Jezioro, who is named in the law suit, sent Rosenthal a “cease and desist order demanding that [Rosenthal] refrain from acting in accordance with the rulings of the courts.”

Rosenthal’s lawsuit claims that this order, a public document, “libeled, slandered and defamed [him] by accusing him of violating the law.” Jezioro has “violated his position and office and engaged in an egregious abuse of power,” according to the suit.

Rosenthal runs Point of View Farm, Inc., a non-profit organization established as an animal sancturary in 2000.

For three years, 2005-2007, he has also had, been granted a scientific collection permit from the DNR to collect various species of animals around his farm. This year, however, his application was denied.

Rosenthal’s writ of mandamus says that his application used the “exact wording” of permits used by others, including Roy Moose, who uses live indigenous snakes in educational presentations around the state.

The writ says Rosenthal requested copies of other permits via a Freedom of Information Act request, which was also denied.

He subsequently appealed the denial to Jezioro, who has not responded, according to the writ.

The writ notes that the DNR sponsored Wildlife Diversity Day in March at the Capitol where more than a dozen organizations with scientific collection permits displayed animals. Rosenthal said the DNR demonstrated discrimination against him.

Rosenthal asks that the court compel the DNR to issue the permit to him for 2008 and subsequent years with the submission of a valid application, court costs and any other relief it deems necessary.
For the libel suit, Rosenthal asks for an apology from Jezioro for the alleged libel and for allegedly violating Rosenthal’s Constitutional and Civil rights, expenses relating to the suit, punitive and compensatory damages, as well as a trial by jury.

Rosenthal is acting on his own behalf. DNR attorney William Valentino, also named in the lawsuit, did not return a telephone call Tuesday.