Results
Displaying 61 - 69 of 69
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| IA - Ecoterrorism - Chapter 717A. Offenses Relating to Agricultural Production. | I. C. A. § 717A.1 - 717A.4 | IA ST § 717A.1 - 717A.4 | This set of Iowa laws relates to interference with animal facility operations as well as crop operations (commonly known as "ecoterrorism"). Under the section, it is unlawful for a person, without consent, to destroy property of an animal facility or kill or injure an animal maintained there. It is also unlawful for a person to enter such a facility if the person has notice that it is not open to the public with intent to disrupt operations there. A person suffering damages from such actions at an animal facility can bring an action to recover damages, which includes an amount equaling three times all actual and consequential damages. Iowa has a specific section that makes it a class B felony to use pathogens with an intent to threaten the health of an animal or crop. | Statute |
| NY - Ecoterrorism - § 378. Unlawful tampering with animal research | McKinney's Agriculture and Markets Law § 378 | NY AGRI & MKTS § 378 | This New York law comprises the state's ecoterrorism provision. A person who has been given "notice," as defined by the law, is guilty of the crime of "unlawful tampering with animal research" if he or she: (1) knowingly or intentionally releases an animal from a facility or causes the abandonment of an animal knowing that such animal was exposed to infectious agents prior to such release or abandonment and was capable of transmitting such infectious agents to humans; or (2) with intent to do so, causes loss or damage to secret scientific material, and having no right to do so nor any reasonable ground to believe that he has such right, causes loss of or damage to any secret scientific material in an amount in excess of two hundred fifty dollars at a facility. | Statute |
| US - Crimes - Chapter 3. Animals, Birds, Fish, and Plants. | 18 USCA § 43 | This federal law provides for crime and penalties for animal enterprise terrorism. | Statute | |
| Animal Legal Defense Fund v. Reynolds | 297 F.Supp.3d 901 (S.D. Iowa, 2018) | 297 F.Supp.3d 901 | Plaintiffs, a collection of local and national non-profit organizations brought this action alleging that Iowa Code § 717A.3A, which criminalizes agrigcultural facility fraud by either obtaining access to an agricultural facility on false pretenses or making a false statement or false representation in regard to the application or agreement to be employed by an agricultural facility, impeded their ability to advocate for their respective causes. Some of the non-profit organizations listed as plaintiffs, engaged in undercover investigations where investigators serve as employees at argricultural facilities to gather information about the inner workings of slaughterhouses and other facilities. The plaintiffs alleged that the Iowa statute was unconstitutional on its face becuase it violated the First Amendment and the Equal Protection Clause of the Fourteenth Amendment. The Discrict Court determined that the plaintiffs have standing to make their claim and have an injury sufficient to suppor their standing. The defendants sought a motion to dismiss. The District Court ultimately denied the motion to dismiss with respect to the First Amendment claim and granted the motion to dismiss with respect to the Equal Protection claim. | Case |
| MT - Ecoterrorism - Chapter 30. Protection of Farm Animals and Research Facilities | MCA 81-30-101 to 81-30- 105 | MT ST 81-30-101 to 81-30- 105 | This chapter comprises Montana's Farm Animal and Research Facilities Protection Act." Unlawful acts include exercising control over a facility without consent, damaging or destroying the property of an animal facility, entering an animal facility with the intent to commit a prohibited act, entering an animal facility to take pictures by photograph, video camera, or other means with the intent to commit criminal defamation, and entering an animal facility if the person knows entry is forbidden. A person who has been damaged by reason of a violation of 81-30-103 may bring against the person who caused the damage an action in the district court to recover an amount equal to three times all actual and consequential damages; and court costs and reasonable attorney fees. | Statute |
| Ouderkirk v. People for Ethical Treatment of Animals, Inc. | 2007 WL 1035093 (E.D.Mich.) (Not Reported in F.Supp.2d, 2007 WL 1035093 (E.D.Mich.)) | Only the Westlaw citation is currently available. |
The plaintiffs in this case own a chinchilla ranch in mid-Michigan. They filed a complaint alleging that PETA lied to them to gain access to their farm, took video footage of their farm operation, and then published an exposé on PETA's website that put the plaintiffs in an unfavorable false light. The court ultimately granted defendant-PETA's motion for summary judgment on all the issues. The court observed that the Ouderkirks gave permission for the taping in an email that makes no reference to any restriction on that consent. Further, the primary use made of the plaintiffs' likenesses by the defendant was to advocate against the chinchilla trade; thus, PETA had a right under the First Amendment to disseminate the information containing the plaintiffs' likenesses. |
Case |
| Animal Legal Defense Fund v. Herbert | This complaint launches the first legal challenge to any ag-gag law in the United States. In it, the Animal Legal Defense Fund, People for the Ethical Treatment of Animals, Amy Meyer, and others argue that Utah Code Ann. § 76-6-112 is unconstitutionally overbroad, constitutes content-based discrimination in violation of the First Amendment, is preempted by the federal False Claims Act, and violates animal protection groups’ equal protection and due process. | Pleading | ||
| ANIMAL LEGAL DEFENSE FUND, CENTER FOR FOOD SAFETY, SHY 38, INC. & HOPE SANCTUARY, Plaintiffs, v. LAURA KELLY & DEREK SCHMIDT, Defendants | Slip Copy, No. CV 18-2657-KHV, 2020 WL 362626 (D. Kan. Jan. 22, 2020) | The Animal Legal Defense Fund (“ALDF”), Center for Food Safety (“CFS”), Shy 38, Inc. and Hope Sanctuary are interest groups that aim to protect and advocate for animals and the environment. These interest groups filed suit on December 4, 2018 against the Governor and Attorney General of Kansas seeking a declaratory judgment that the Kansas Animal and Field Crop and Research Facilities Protect Act was unconstitutional. The Act made it a crime to damage or destroy an animal facility or an animal, exercise control over an animal facility or animal from a facility, take photos or videos at an animal facility that that is not open to the public, and remain at an animal facility against the owner’s wishes. Both parties filed cross-motions for summary judgment. ALDF desired to conduct an undercover investigation in Kansas but refrained from doing so out of fear of criminal prosecution under the Act. The Plaintiffs alleged that the Act violated their First Amendment right to freedom of speech. To be subject to criminal prosecution under subsection (a) of K.S.A. 47-1827, the ALDF investigator had to cause physical damage to an animal or the animal facility or its property. The Plaintiffs did not allege that the ALDF investigator intended to cause such physical damage so the ALDF investigator was not at risk of criminal prosecution under the provision and, therefore, ALDF did not demonstrate standing to challenge subsection (a). ALDF alleged sufficient injury to support standing to challenge subsections (b), (c), and (d) of the Act. CFS, Shy 38, and Hope Sanctuary also had standing to challenge those subsections. The Court found that subsections (b), (c), and (d) regulated speech rather than conduct and was content-based rather than neutral-based. The Court ultimately concluded that the Plaintiffs were entitled to summary judgment on their claim that subsections (b), (c), and (d) violated the First Amendment. The Defendants were entitled to summary judgment on their lack of standing claim for subsection (a) and K.S.A. 47-1828. | Case | |
| ND - Ecoterrorism - Chapter 12.1-21.1. Animal Research Facility Damage | NDCC 12.1-21.1-01 to 05 | ND ST 12.1-21.1-01 to 05 | This chapter concerns unlawful interference with animal facilities. Under the section, a person may not intentionally damage or destroy an animal facility or the property or animals located therein; exercise control over the animals or property; enter an animal facility not open to the public with the intent on committing prohibited acts; enter a facility and remain concealed to commit prohibited acts; or intentionally release an animal at a facility. Violation is a class B felony if damage is $10,000 or more, a class C felony if the damage is at least $500 to under $10,000, and a class A misdemeanor if damage is less than $500. Entering an animal facility and using or attempting to use a camera, video recorder, or any other video or audio recording equipment is a class B misdemeanor. | Statute |