Effect of Whistleblowing

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

Ag-Gag Bills 2013 & 14 20 Ag-Gag, anB-whistleblower bills were introduced across 14 states:

AR, AZ, CA, ID, IN, KY, NE, NH, NM, NC, PA, TN, VT & WY.

All but ONE bill were defeated by the combined efforts of animal advocacy groups ! (ID already sued).

Other bills prevented in CO & VT.

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

1990 & 1991. (KS, MT, ND)

Were promoted as Ecoterrorism laws and had Btles such as: Animal Research Facility Damage Act (ND) Farm Animal and Research FaciliBes ProtecBon Act. (MT)

Quasi-anB-trespassing laws to prevent individuals from entering agricultural faciliBes 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 defamaBon

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

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

Ag-Gags Resurrection American LegislaBve Exchange Council (ALEC) drafed 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 acBviBes 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 operaBons. (IA, MO, ID)

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

Ag-Gag Tally

24 states have introduced these Ag-Gag 2.0 bills 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).

Current Ag-Gag Map

2011 Ag-Gag Bills February: Florida SB 1246 would have made it a first-

degree felony to take a photo or video of a farm without the owners wriben consent

March: Iowa HF 431 would have made it a crime to take a photo or video without the owners consent, or to POSSESS such a video, or to gain access to a farm through false pretenses.

April: Minnesota lawmakers introduce a bill virtually idenBcal to Iowas.

May: New York Bill S5172 would have made it a crime to record at a farm without the owners wriben consent.

2012 Ag-Gag Bills

10 Bills in 2012: IL, IN, IA, MN, MO, NE, NY, TN, PA, UT

= 3 Passed: IA, UT, MO

2012 Iowa Ag-Gag Law

Iowa Code 717A.3A (2012)

2012 Iowa Ag-Gag Law A person is guilty of agricultural producBon facility fraud if the person willfully does any of the following: a. Obtains access to an agricultural producBon facility by false pretenses. b. Makes a false statement or representaBon as part of an applicaBon or agreement to be employed at an agricultural producBon facility, if the person knows the statement to be false, and makes the statement with an intent to commit an act not authorized by the owner of the agricultural producBon facility, knowing that the act is not authorized. Iowa Code 717A.3A(1).

2012 Utah Ag-Gag Law

Utah Code Ann. 76-6-112 (2012)

A person is guilty of agricultural opera?on interference if the person: (a) without consent from the owner of the agricultural operaBon, or the

owner's agent, knowingly or intenBonally records an image of, or sound from, the agricultural operaBon by leaving a recording device on the agricultural operaBon;

(b) obtains access to an agricultural operaBon under false pretenses; (c) (i) applies for employment at an agricultural operaBon with the

intent to record an image of, or sound from, the agricultural operaBon; (ii) knows, at the Bme that the person accepts employment at

the agricultural operaBon, that the owner of the agricultural opera?on prohibits the employee from recording an image of, or sound from, the agricultural operaBon; and

(iii) while employed at, and while present on, the agricultural operaBon, records an image of, or sound from, the agricultural operaBon; or

(d) without consent from the owner of the operaBon or the owner's agent, knowingly or intenBonally records an image of, or sound from, an agricultural operaBon while the person is commiDng criminal trespass, as described in SecBon 76-6-206, on the agricultural operaBon. Utah Code Ann. 76-6-112(2).

Utah Code Ann. 76-6-112 (2012) Agricultural OperaBon Interference

2012 MO Ag-Gag Law

Mo. Rev. Stat. 578.013 (2012)

2012 MO Ag-Gag Law Whenever any farm animal professional videotapes or otherwise makes a digital recording of what he or she believes to depict a farm animal subjected to abuse or neglect under secBons 578.009 or 578.012, such farm animal professional shall have a duty to submit such videotape or digital recording to a law enforcement agency within twenty-four hours of the recording.

Mo. Rev. Stat. 578.013 (2012)

2013 Ag-Gag Bills

Ag-Gag Bills Introduced in 11 States: AR, CA, IN, NE, NH, NM, NC, PA, TN, VT, and WY. = All of them failed to pass.

2014 Ag-Gag Bills

9 Ag-Gag Bills introduced in 7 states: AZ, ID, IN, KY, NH, NC & TN. Only ID passed. CO & VT got Shelved.

2014 Ag-Gag Strategy

Ag-Gag Case Studies: NH, AZ & KY.

Animal Agriculture Alliance Kay Johnson Smith & Emily Meredith Quick ReporBng bills = 2014 Strategy If You See Something, Say Something; Its That Simple.

Drug Syndicate, Hallmark.

In late 2013, New Hampshire H.B. 110 added an insidious spin to AAAs Quick ReporBng 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 inserBng afer paragraph V the following new paragraph:

VI. Any person who RECORDS any acBvity that falls under paragraph III as commibed against livestock shall have a DUTY TO REPORT such acBviBes to law enforcement authoriBes and SHALL SUBMIT any unedited photographs or video RECORDINGS to the law enforcement authoriBes WITHIN 24 HOURS of the recordings creaBon.

II. In this secBon, animal means a domesBc animal, a household pet or a wild animal in capBvity.

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

inserBng afer paragraph V the following new paragraph:

VI. Anyone who witnesses another person performing acts of cruelty to livestock, as defined in RSA 427:38, or to poultry has a DUTY TO REPORT such cruelty to law enforcement with jurisdicBon, 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 Bme 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 prosecuBon under this secBon 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 organizaBons publicly opposed H.B. 110: animal welfare, civil liberBes, public health, food safety, environmental, food jusBce, legal, workers rights & 1st Amendment Rights

NH House alone = 400 Members !?!?

Bill was tabled on Jan 22nd, 2014 !!

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

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

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

Rep. Brophy McGee took the deal.

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

(a) Completely REMOVE Livestock & Poultry from the exisBng anB-cruelty laws and instead creaBng a new separate, but equal secBon of the code;

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

(c) Forbid police & sheriffs from charging or even inves?ga?ng cruelty to livestock, instead put sole authority in AZ Dept. of Ag. (8 inspectors);

(d) Prohibit ciBes & counBes from ever enacBng stronger livestock cruelty laws;

(e) Exempt normal, good husbandry prac?ces, work animals, and exterminaBon of undesirable pests from the new code (not defined);

(f) Exempt AcBviBes involving the possession, training, transport, exhibiBon or use of the animal in the otherwise lawful pursuits of hunBng, ranching, farming, rodeos, shows, fairs, auc?ons and security services;

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

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

AZ = 2nd State with Ballot IniBaBve.

Lobbyists advised CoaliBon to move from Oppose to Neutral.

We held strong & bill finally died ! = Pays to sBck to ones values

2014 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.

AnB-Dog FighBng Bill, HB 408 amended to add an AnB-AborBon provision !?!?

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

OpposiBon now deliberately sabotaging animal protecBon legislaBon

Idaho Code 187042: Interference With Agricultural ProducBon (1) A person commits the crime of interference with agricultural producBon if the person knowingly:

(a) Is not employed by an agricultural producBon facility and enters an agricultural producBon facility by force, threat, misrepresentaBon or trespass; (b) Obtains records of an agricultural producBon facility by force, threat, misrepresentaBon or trespass;

(c) Obtains employment with an agricultural producBon facility by force, threat, or misrepresentaBon with the intent to cause economic or other injury to the facilitys operaBons, livestock, crops, owners, personnel, equipment, buildings, premises, business interests or customers; (d) Enters an agricultural producBon facility that is not open to the public and, without the facility owners express consent or pursuant to judicial process or statutory authorizaBon, makes audio or video recordings of the conduct of an agricultural producBon facilitys operaBons; or (e) IntenBonally causes physical damage or injury to the agricultural producBon facilitys operaBons, livestock, crops, personnel, equipment, buildings or premises.

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

Was resistance to UT lawsuit by other organizaBons, because of the recent legislaBve success.

However, the existence of the suits should help strengthen legislaBve opposiBon 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 DiscriminaBon

Supremacy Clause: PreempCon False Claims Act

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

ALDF Utah Lawsuit

Judge Richard Shelby Denied Utahs MoBon to Dismiss in August 2014

Challenged Standing

Sought dismissal of PreempBon and Equal ProtecBon claims

Yet MTD omibed discussion of First Amendment claims altogether !!

ALDF Idaho Lawsuit

Filed in March 2014

ALDF Idaho Lawsuit First Amendment

Overbreadth Content and Viewpoint-Based DiscriminaBon

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

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

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

ParBally challenged Standing Sought dismissal of Free Speech, PreempBon, & Equal ProtecBon Claims

Courts Opinion discusses the merits at length very favorably to

Idaho Dairy AssociaBon Judge Denied PeBBon to Intervene

ALDF Idaho Lawsuit ALDF & CoaliBon File MoBon for Summary Judgment on 11/18/14

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

Seeking judgment on our First Amendment & Equal ProtecBon Claims

All filings and responses should be filed by mid-Jan so that a hearing could happen as early as late-Feb or March.

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

Sign up for AcBon Alerts (ALDF, etc): Lobby legislators by wriBng lebers & making phone calls regarding pending local, state, or federal legislaBon.

Submit wriben comments when the USDA, FWS, or other agencies change their rules & regulaBons.

Send lebers to the editor on various animal legislaBve issues.

TesBfy 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

Thank You ! !

Chris Green Director of LegislaBve Affairs Animal Legal Defense Fund

cgreen@aldf.org Connect with us:

www.aldf.org