The United States Court of Appeals for the Tenth Circuit affirmed a lower court ruling striking down a Kansas Ag-Gag law for violating the First Amendment, according to the Center for Food Safety. The lawsuit was first filed in 2018 by a coalition of food safety advocates, along with animal and environmental groups. Ag gag laws are intended to stop undercover filming in large factory farms by advocates who are trying to expose animal mistreatment as well as food safety violations. Studies have shown that stressing animals can increase the risk of pathogenic bacterial growth, and may lead to more human illnesses. The court held that Kansas may not legislate speech to silence views "critical of animal agriculture." The three provisions of the law targeted speech, not just conduct, … [Read more...]
Coalition Files Lawsuit Against Iowa’s Ag-Gag Law
A coalition of food safety experts and public interest groups has filed a lawsuit in the U.S. District Court for the Southern District of Iowa to challenge the constitutionality of Iowa's new Ag-Gag law. This law is similar to another law in that state that was struck down on January 9, 2019. Ag gag laws have been passed in many farming states around the country in response to undercover work by animal activists. Undercover videos have recorded violent animal cruelty at some facilities. In 2012, a video recorded at Central Valley Meat in California resulted in the suspension of that facility's food registration for inhumane cattle treatment. That company supplied meat to the National School Lunch Program. The Central Valley Meats video showed downed dairy cows being shot in the … [Read more...]
Judge Strikes Down Iowa Ag Gag Law
A federal judge struck down Iowa's ag gag law last week. Those laws make it illegal for animal rights advocates to go undercover to expose animal abuse at farms and puppy mills. The 2012 law was approved by Iowa lawmakers, and carried a fine of up to year in jail. ACLU legal director Rita Bettis Austen said the ruling was "an important victory for free speech." She also said that the law was an example of government using its power to protect those in power. She added, "Ag gag clearly is a violation of Iowans' First Amendment rights to free speech. It has effectively silenced advocates and ensured that animal cruelty, unsafe food safety practices, environmental hazards, and inhumane working conditions go unreported for years." The Animal Legal Defense Fund was one of the … [Read more...]
Utah’s Ag-Gag Law Struck Down
An ag-gag law in Utah has been struck down. Earlier this month, the Utah attorney general said that no appeal would be filed in a federal court decision to end the law as unconstitutional. These laws criminalize video recording on ranches and farms that expose animal abuse. Members of animal rights groups pose as workers to film cruelty against animals. University of Denver law professor Justin Marceau, one of the attorneys who represents animal rights groups said, "[Ag-gag] laws in states like Iowa and Kansas are crying out for a challenge at this point." The state that have some type of this law on the books include Kansas, Montana, North Dakota, Iowa, Missouri, Arkansas, North Carolina and Alabama. Animal rights advocates say that these laws violate free speech and target … [Read more...]
North Carolina Sued Over Ag-Gag Law
A coalition of consumer, animal rights, and food safety organizations filed a federal lawsuit last week challenging the constitutionality of a North Carolina ag gag law. The law is designed to deter whistleblowers and undercover investigators from gathering and publicizing information about misconduct. Governor Pat McCrory vetoed the bill in June 2015, but the state legislature overrode the veto. This law allows lawsuits and damages against people who "expose improper or criminal conduct by North Carolina employers," according to a statement by Food & Water Watch. The complaint states that the law is intended to punish those who "set out to investigate employers and property owners' conduct because they believe there is value in exposing employers and property owners' unethical … [Read more...]
Wyoming’s Ag-Gag Law Dealt Serious Blow
Food Poisoning Bulletin has been reporting about so-called "ag gag" laws for years. These laws are intended to prevent whistleblowers from reporting on animal abuse at factory farms, and levy penalties against those who go undercover to film problems at these facilities. A federal judge, last week, noted "serious concerns and questions" about the constitutionality of Wyoming's data trespass laws in an order released about a lawsuit against that state and refused to strike claims against the law. These laws criminalize undercover reporting on farms and in slaughterhouses that reveal animal abuse, food safety violations, and violations of food worker health and safety laws. Center for Food Safety and other groups have sued Wyoming over this law, claiming that the laws punish communication … [Read more...]
Judge Strikes Down Idaho’s Ag-Gag Law
The Ag-Gag law in Idaho, which was passed in 2014, has been struck down as unconstitutional by U.S. District Court Judge B. Lynn Winmill. The state has not decided if it will appeal this decision. This is the first time an ag-gag statute has been struck down by a federal court. The Animal Legal Defense Fund (ALDF) brought a case against the state in April 2015. The law was passed after the animal rights group Mercy for Animals shot an undercover video showing workers abusing milk cows at the Dry Creek Dairy in Hansen, Idaho. ALDF alleged that the bill "has both the purpose and effect of stifling public debate about modern agriculture." The law criminalizes all employment-based undercover investigations and criminalizes investigative journalism,whistleblowing by employees, or other … [Read more...]
North Carolina Governor Vetoes Ag Gag Bill
The governor of North Carolina, Pat McCrory, has vetoed the ag-gag bill that was sent to his desk. The bill was designed to give big agriculture and factory farms a civil cause of action against anyone trying to uncover animal abuse. McCrory said in a statement, "This bill is intended to address a valid concern of our state’s businesses—how to discourage those bad actors who seek employment with the intent to engage in corporate espionage or act as an undercover investigator. This practice is unethical and unfair to employers, and is a particular problem for our agricultural industry. It needs to be stopped. While I support the purpose of this bill, I believe it does not adequately protect or give clear guidance to honest employees who uncover criminal activity. I am concerned that … [Read more...]
USDA Whistleblower Speaks Out Against Idaho’s Ag Gag Law
Dr. Daryl Jacobs, a USDA whistleblower from Idaho, has spoken out against that state's ag gag law, which was signed by the governor last week. He has made a statement to Food Integrity Campaign about why undercover videos are needed to protect animals and to keep the food supply safe. He said, "as a former veterinarian for the USDA, I have seen a lot of unfortunate things come out of Idaho dairy farms. Broken bones, cows sick with cancer, and loaded with antibiotics. I understand why some farms would want to keep their abuses hidden, but a few bad apples shouldn't get the benefit of a bad law. Undercover investigation is important for exposing all kinds of illegal and immoral activities, not just problems at dairy farms, and whistleblowers need video to validate and substantiate what … [Read more...]
Ag Gag Bill Signed into Law in Idaho
This week, Idaho Governor C. L. Otter signed the latest ag-gag bill into law. The law was created, promoted, and passed in retaliation to undercover videos that exposed animal abuse at Idaho's Bettencourt Dairy farm in 2012. That video showed workers caning, beating, and sexually abusing cows. Employees were fired and prosecuted as a result of the exposure. [Warning: the video is very disturbing.] Matt Rice, the director of investigations at Mercy for Animals, said in a statement, "Governor Otter has decided to keep corrupt factory farming practices from the public. He's created a safe haven for animal abuse. These facilities that supply food to the entire country. No other industry has that kind of immunity. Not only will this ag-gag law perpetuate animal abuse, it endangers workers' … [Read more...]
