Ag-Gag Bills Aimed at Silencing Whistleblowers

Dec 2013 Undercover Inves1ga1on by Mercy for Animals in Greenleaf, WI

Impact of One Investigation

4 employees convicted of mul1ple counts of animal cruelty.

DiGiorno Pizza said it would not accept any more cheese made with milk from the Wiese Brothers dairy (4500 cows).

Nestl, the worlds largest food company ($101B) announced it will require its 7,300 suppliers to eliminate cow tail docking, de-horning, gesta1on crates & baUery cages at hundreds of thousands of farms worldwide.

Effect of Whistleblowing

Glynn T. Tonsor & Nicole J. Olynk, Kan. State Univ., U.S. Meat Demand: The Inuence of Animal Welfare Media Coverage (2010)

My Illinois Family Farm

Norton Family FarmNeponset, ILEstablished 1837

Ag-Gag Origins First Ag-Gag laws were passed back in

1990 & 1991. (KS, MT, ND)

Were promoted as Ecoterrorism laws and had 1tles such as: Animal Research Facility Damage Act (ND) Farm Animal and Research Facili1es Protec1on Act. (MT)

Quasi-an1-trespassing laws to prevent individuals from entering agricultural facili1es to do damage, which included taking photographs & making recordings.

Ag-Gag Origins Kansas (1990)

Crime to enter an animal facility to take pictures by photograph, video camera or by any other means with the intent of causing harm to the enterprise.

Montana (1991) Crime to take pictures by photograph, video

camera, or other means with the intent to commit criminal defama1on

North Dakota (1991) Entering an animal facility and using or

aUemp1ng to use a camera, video recorder, or any other video or audio recording equipment.

Big Ags Problem

Will PoUer Journalist:

The Biggest Threat Facing Big-AgIsnt that Ac1vists are Breaking Windows. Its that Theyre CREATING them.

Green is the New Red

Ag-Gags Resurrection American Legisla1ve Exchange Council (ALEC) draied the Animal Enterprise Terrorism Act (AETA) in 2002.

AETA Model Bill created a felony for: entering an animal or research facility to take pictures by photograph, video camera, or other means with the intent to commit criminal ac1vi1es or defame the facility or its owner. = Considered Too Extreme Even for AETA !

ALEC State Agenda = Ag-Gag 2.0 bills.

Ag-Gag 2.0 Elements Criminalize recording video, audio or taking photos at a farm facilityeven by long-term employees. (UT, ID)

Criminalize obtaining a job at an agricultural facility under false pretenses, or with the intent to disrupt opera1ons. (IA, MO, ID)

Require Quick Repor1ng of suspected abuse within 12 hours & turning over of all evidence. (MO)

Ag-Gag Tally

36 Ag-Gag 2.0 bills introduced across 23 states since 2010.

4 states enacted into law (IA, MO, UT & ID). The rest all failed.

= 7 states now have Ag-Gag laws (excluding AR & SC).

Ag-Gag Trends 2013-15

25 Ag-Gag, an1-whistleblower bills introduced across 17 states: AR, AZ, CA, CO, ID, IN, KY, MT, NE, NH, NM, NC, PA, TN, VT, WA & WY.

All but ID have been DEFEATED by the combined eorts of animal advocacy groups (24-1). Only ID.

ALDF sued ID within 3 weeks.

Current Ag-Gag Map

Ag-Gag 2015

6 Ocial Bills so far: CO, KY, MT, NC, NM, WA & WY*

NC just introduced, s1ll expec1ng WI.

WY passed, but it is unique.

Trying to couch as An1-Cruelty Bills

2015 Ag-Gag Strategy

Ag-Gag Case Studies: NH, CO, AZ & KY. Animal Agriculture Alliance

Kay Johnson Smith & Emily Meredith Quick Repor1ng bills = Strategic Focus If You See Something, Say Something; Its That Simple.

Drug Syndicate, Hallmark, PaUern Req.

In late 2013, New Hampshire H.B. 110 added an insidious spin to AAAs Quick Repor1ng Ag-Gag approach

New Hampshire H.B. 110 (Jan 2013):

AN ACT requiring persons who record cruelty to livestock to report such cruelty and submit such recordings to a law enforcement agency. 644:8 Cruelty to Animals. 1. New Paragraph; Recordings of Cruelty to Livestock. Amend RSA

644:8 by inser1ng aier paragraph V the following new paragraph:

VI. Any person who RECORDS any ac1vity that falls under paragraph III AS COMMITTED AGAINST LIVESTOCK shall have a DUTY TO REPORT such ac1vi1es to law enforcement authori1es and SHALL SUBMIT any unedited photographs or video RECORDINGS to the law enforcement authori1es WITHIN 24 HOURS of the recordings crea1on.

II. In this sec1on, animal means a domes1c animal, a household pet or a wild animal in cap1vity.

New Hampshire H.B. 110 (Nov 2013):

AN ACT requiring persons who witness cruelty to livestock to report such cruelty AND the existence of any evidence of such cruelty to a law enforcement agency. 644:8 Cruelty to Animals. 1. New Paragraph; Recordings of Cruelty to Livestock. Amend RSA 644:8 by

inser1ng aier paragraph V the following new paragraph:

VI. Anyone who witnesses another person performing acts of cruelty to livestock, as dened in RSA 427:38, or to poultry has a DUTY TO REPORT such cruelty to law enforcement with jurisdic1on, WITHIN 48 HOURS of witnessing such cruelty.

If the person making the report has evidence of the cruelty, he or she shall have the same DUTY TO NOTIFY LAW ENFORCEMENT THAT HE OR SHE HAS SUCH EVIDENCE at the same 1me they make a report. If the evidence is a photograph or video, the witness SHALL KEEP AN UNEDITED COPY FOR 60 DAYS.

It shall be a DEFENSE to prosecu1on under this sec1on if the person witnessing the acts of cruelty REASONABLY BELIEVES HIS OR HERSELF TO BE CRIMINALLY LIABLE FOR THE CONDUCT OF THE ACTOR pursuant to RSA 626:8.

2013-14 NH Ag-Gag Bill If truly about stopping cruelty, why only cover livestock and not ALL animals ?

Over 70 organiza1ons publicly opposed H.B. 110: animal welfare, civil liber1es, public health, food safety, environmental, food jus1ce, legal, workers rights & 1st Amendment Rights

NH House alone = 400 Members !?!? Bill was tabled on Jan 22nd, 2014 !!

2015 CO Ag-Gag Bill Presented as an animal cruelty Mandatory

Repor1ng measure.

Enumerates a whole host of individuals who must report suspected cruelty within 48 hours (Vets, Groomers, Trainers, even Psychologists). Some local groups in favor.

BUT: (v) Anyone Who Has Reasonable Cause To Know Or Suspect That An Animal Has Been Abandoned, Mistreated, Or Neglected.

Op-Ed = SB 42 was killed in Commibee !

2014 AZ Ag-Gag Bill Doing a Deal with the Devil

AZ CaUlemen = Poli1cally powerful & had killed a companion animal cruelty bill in the 2013 session.

Nego1ated behind closed doors with the 2013 bill sponsor to add a Top 10 wish-list of Ag exemp1ons.

Rep. Brophy McGee took the deal.

Arizona HB 2587 (2014): In return for adding companion animal hoarding in the cruelty statute, and adding a discre1onary psych evalua1on & counseling for animal abusers, HB 2587 tried to include all the following provisions:

(a) Completely REMOVE Livestock & Poultry from the exis1ng an1-cruelty laws and instead crea1ng a new separate, but equal sec1on of the code;

(b) Require evidence of livestock cruelty to be turned over within 5 DAYS;

(c) Forbid police & sheris from charging or even invesjgajng cruelty to livestock, instead put sole authority in AZ Dept. of Ag. (8 inspectors);

(d) Prohibit ci1es & coun1es from ever enac1ng stronger livestock cruelty laws;

(e) Exempt normal, good husbandry pracjces, work animals, and extermina1on of undesirable pests from the new code (not dened);

(f) Exempt Ac1vi1es involving the possession, training, transport, exhibi1on or use of the animal in the otherwise lawful pursuits of hun1ng, ranching, farming, rodeos, shows, fairs, aucjons and security services;

(g) Reduce cruelty to livestock from an exis1ng felony down to a misdemeanor.

2014 AZ Ag-Gag Bill 87% of AZ Voters opposed removing Livestock & Poultry from the exis1ng cruelty code !

AZ = 2nd State with Ballot Ini1a1ve. Lobbyists advised Coali1on to move from Oppose to Neutral.

We held strong & bill nally died ! = Pays to s1ck to ones values

2015 AZ Anti-Livestock Bill

2014 AZ Bill Resurrected in 2015 ! Removes Livestock from Protec1ons of Cruelty

Statutes, Policed by Dept of Ag Prohibits Ci1es & Coun1es from Enac1ng

Stronger Protec1ons Requires No1fying Dept of Ag of Inves1ga1ons

Animal Advocates BoUled Up HB 2429 !

CaUlemen Paste HB 2429 into HB 2150 Strike-Below or Zombie Legisla1on HB 2150 Races through the AZ Legislature

Coalijon Launches All-Out

Campaign to Urge the

Governor to Veto HB 2150

2015 AZ Anti-Livestock Bill !!!!!!!! SUCCESS !!!!!!!!

2015 AZ Anti-Livestock Bill

Over Last Weekend, Governor Duceys Oce Received:

19,248 = Messages Opposed 3 = Messages in Support

= Demonstrates the Power of Public Poli1cal Engagement Over Moneyed Special Interests

2014-15 Kentucky Craziness

5 days before end of the session an Ag-Gag provision was tacked onto a bill to ban Gas Chamber euthanasia, HB 222.

An1-Dog Figh1ng Bill, HB 408 amended to add an An1-Abor1on provision !?!?

Rep. Joni Jenkins then had to work to kill both her bills = Huge resource drain!

Feb 2015, KY bill to require adequate shelter aUached with a rider requiring Obama-care coverage for KY pets.

ALDF Ag-Gag Lawsuits ALDF is challenging the UT & ID Ag-Gag laws as uncons1tu1onal restric1ons of free speech. First lawsuits of their kind.

Was resistance to UT lawsuit by other organiza1ons, because of the recent legisla1ve success.

However, the existence of the suits should help strengthen legisla1ve opposi1on to future bills.

ALDF Ag-Gag Lawsuits

Amy Meyer

ALDF Ag-Gag Lawsuits

Utah Video Taken by Amy Meyer

ALDF Utah Lawsuit

Filed in July 2013

ALDF Utah Lawsuit First Amendment

Overbreadth Content & Viewpoint-Based Discrimina1on

Supremacy Clause: PreempCon False Claims Act

Fourteenth Amendment: Due Process & Equal ProtecCon Animus-based mo1ve

ALDF Utah Lawsuit

Judge Richard Shelby Denied Utahs Mo1on to Dismiss in August 2014

Challenged Standing

Sought dismissal of Preemp1on and Equal Protec1on claims

Yet MTD omiUed discussion of First Amendment claims altogether !!

ALDF Idaho Lawsuit

Filed in March 2014

ALDF Idaho Lawsuit First Amendment

Overbreadth Content and Viewpoint-Based Discrimina1on

Supremacy Clause: PreempCon False Claims Act, Food Safety Moderniza1on Act, Clean Water Act

Fourteenth Amendment: Due Process & Equal ProtecCon Animus-based mo1ve

ALDF Idaho Lawsuit Judge B. Lynn Winmill Denied Idahos Mo1on to Dismiss in September 2014

Par1ally challenged Standing Sought dismissal of Free Speech, Preemp1on, & Equal Protec1on Claims

Courts Opinion discusses the merits at length very favorably to

Idaho Dairy Associa1on Judge Denied Pe11on to Intervene

ALDF Idaho Lawsuit ALDF & Coali1on Filed Mo1on for Summary Judgment on 11/18/14

Enough evidence in record & Judge Winmills MTD opinion to nd in our favor.

Seeking judgment on our First Amendment & Equal Protec1on Claims

Puts the other side on the defensive & makes them have to disprove judges ruling.

Judge Winmill is expected to indicate how he will rule at the next hearing on April 28th.

Sign up for Ac1on Alerts (ALDF, HSUS, ASPCA, Best Friends): Lobby legislators by wri1ng leUers & making phone calls regarding pending local, state, or federal legisla1on.

Submit wriUen comments when the USDA, FWS, or other agencies change their rules & regula1ons.

Send leUers to the editor on various animal legisla1ve issues.

Tes1fy at hearings (State, County, City).

What You Can Do !

Participate !

THLN, MVAP, MAAL:

Its not enough to simply have an idea, its not enough to show up at the Capitol with a bill proposal. Its important to build a sustained movement

MO Legislator

ALDF Animal Law Clerkship Program

Matches animal law students with animal law prac11oners, both within and outside ALDF. Applica1ons accepted on rolling basis.

Li1ga1on & Criminal Jus1ce Program Clerkships May be available in fall, spring, and summer. Open to second & third year students only.

ALDF Animal Law Scholarship Program

Advancement of Animal Law Scholarships

Open to 2nd & 3rd-year SALDF members,

Who demonstrated outstanding commitment to animal law and ALDFs mission while in law school, &

An1cipate par1cipa1ng in the eld aier gradua1on.

Thank You ! !

Chris Green Director of Legisla1ve Aairs Animal Legal Defense Fund

cgreen@aldf.org Connect with us:

www.aldf.org