Results
Displaying 31 - 40 of 69
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| IL - Ecoterrorism - 5/48-2. Animal research and production facilities protection | 720 I.L.C.S. 5/48-2 | IL ST CH 720 § 5/48-2 | This new law replaces the Illinois' Animal Research and Production Facilities Protection Act, which was repealed in 2013. Under the new law, it is unlawful for any person to release, steal, or injure an animal held at a facility; to damage or vandalize any property; to obtain access to an animal facility by false pretenses for the purpose of performing unauthorized acts; to enter into an animal facility with an intent to destroy, alter, duplicate, or obtain unauthorized possession of records; or to enter or remain on an animal facility with the intent to commit a prohibited act. Violation of any of these acts is a felony, with classification based on the amount of property damage. | Statute |
| NH - Ecoterrorism - 644:8-e Willful Interference With Organizations or Projects Involving Animals | N.H. Rev. Stat. § 644:8-e | NH ST § 644:8-e | This law is New Hampshire's eco/agroterrorism law. The law states that whoever willfully causes bodily injury or willfully interferes with any property, including animals or records, used by any organization or project involving animals, or with any animal facility shall be guilty of a class A misdemeanor. Whoever in the course of a violation of paragraph I causes serious bodily injury to another individual or economic loss in excess of $10,000 shall be guilty of a class B felony. | Statute |
| UT - Ecoterrorism - § 76-6-110. Offenses committed against animal enterprises--Definitions--Enhanced penalties | U.C.A. 1953 § 76-3-203.16 (Formerly cited as UT ST § 76-6-110) | UT ST § 76-3-203.16 | This section comprises Utah's animal enterprise interference law. A person who commits any criminal offense with the intent to halt, impede, obstruct, or interfere with the lawful operation of an animal enterprise or to damage, take, or cause the loss of any property owned by, used by, or in the possession of a lawful animal enterprise, is subject to an enhanced penalty. These penalties enhancements raise the level of the crime one degree (e.g., a class C misdemeanor becomes a class B misdemeanor and a class A misdemeanor becomes a third degree felony). | Statute |
| KY - Ecoterrorism - Chapter 437. Offenses Against Public Peace | KRS § 437.410 - 429 | KY ST § 437.410 - 429 | This chapter concerns the protection of animal enterprise facilities in Kentucky. Prohibited acts include exercising control over a facility or its property without consent of the owner, disruption or destruction of property of a facility, entering a facility with the intent to commit a prohibited act, and entering a facility with the intent to disrupt or damage the enterprise and then remaining on the grounds knowing that entry is forbidden. Any person who violates any provision of KRS 437.410 to 437.420 shall be subject to a fine of not more than $5,000 or imprisoned for not less than 6 months but not more than 1 year, or both, for each violation. | Statute |
| U.S. v. Fullmer | 584 F.3d 132 (C.A.3 (N.J.), 2009) | 2009 WL 3273955 (C.A.3 (N.J.)) |
In an issue of first impression, this Court considered whether the Animal Enterprise Protection Act (AEPA) was unconstitutional either on its face or as-applied to defendants. The defendants in this case were an animal rights organization ("SHAC") and six associated individuals. The defendants engaged in direct action ranging from electronic civil disobedience to destroying property at the homes of individuals associated with Huntingdon Life Sciences (a research corporation that performs animal testing for other companies). Defendants argued that the statute has a chilling effect on speech because protestors will refrain from all speech, even protected speech, due to the ambiguity of what the statute proscribes. Thus the Court found that the government provided sufficient evidence to prove that the defendants conspired to violate the AEPA. |
Case |
| LA - Ecoterrorism - Chapter 2. Miscellaneous Crimes and Offenses. | LA R.S. 14:228, 228.1 | This law is Louisiana's interference with animal research facilities or animal management facilities law. It is unlawful for any person to: intentionally release, steal, or otherwise cause the loss of any animal from an animal research facility or an animal management facility. to damage, vandalize, or steal any property from or on an animal research facility or an animal management facility to obtain access by false pretenses for the purpose of performing prohibited acts; to break and enter with the intent to destroy, alter, duplicate, or obtain unauthorized possession of records, data, materials, equipment, or animals; to enter or remain on an animal research facility or an animal management facility with the intent to commit prohibited acts; or to knowingly obtain or exert unauthorized control, by theft or deception, over records, data, material, equipment, or animals. A person violating this law shall be fined not more than $5,000 or imprisoned, with or without hard labor, for not more than one year, or both. A companion section (228.1) prohibits the unauthorized release of any animal, bird, or aquatic species which has been lawfully confined for agriculture, science, research, commerce, public propagation, protective custody, or education. | Statute | |
| Huntingdon Life Sciences, Inc. v. Stop Huntingdon Animal Cruelty | 71 A.D.3d 734 (N.Y.A.D. 2 Dept.,2010) | 2010 WL 818490 (N.Y.A.D. 2 Dept.); 896 N.Y.S.2d 440 |
Animal rights protestors appealed the decision of the Supreme Court, Westchester County that permanently enjoined the protestors from engaging in protest activity that constituted a private nuisance (to wit, participating in targeted protest at the home of the plaintiff Mark L. Bibi). This court found that the protestors failed to refute the evidence from the lower court that showed the plaintiffs were entitled to a permanent injunction as a matter of law (including evidence of the appellant's federal conviction conspiracy to violate the Animal Enterprise Protection Act of 1992). While the court did find that the appellant-protestor's incarceration did not render the appeal academic, imposition of the injunction was a reasonable and constitutional restriction on protest activity. |
Case |
| Animal Legal Defense Fund v. Otter | 44 F. Supp. 3d 1009 (D. Idaho 2014) | 2014 WL 4388158 (D. Idaho, 2014) | In a ‘hold your tongue and challenge now’ First Amendment challenge to an Idaho statute that criminalizes undercover investigations and videography at “agricultural production facilities,” the Animal Legal Defense Fund, as well as various other organizations and individuals, (collectively, “ALDF”), brought suit. The State defendants, Governor Butch Otter and Attorney General Lawrence Wasden, moved to dismiss the ALDF's claims. The claims against the Governor were dismissed under 11th Amendment immunity because the ALDF failed to explain the requisite connection between the Governor and enforcement of section 18–7024. The court also found that since the ALDF failed to allege a concrete plan to violate subsection (e), it lacked standing to challenge section 18–7042(1)(e) and the claim in regards to that provision was therefore dismissed. However, the ALDF’s First Amendment, bare animus Equal Protection, and preemption claims survived the motion to dismiss. | Case |
| MO - Ecoterrorism - Chapter 578. Miscellaneous Offenses. Animal Research and Production Facilities | V. A. M. S. 578.405 - 578.412 | MO ST 578.405 - 578.412 | This chapter comprises "The Animal Research and Production Facilities Protection Act." The act prohibits anyone from releasing, stealing, or otherwise intentionally causing the death, injury, or loss of any animal at or from an animal facility. It also prohibits any person from damaging, vandalizing, or stealing any property in or on an animal facility, or obtaining access to an animal facility by false pretenses for the purpose of performing acts not authorized by the facility. Generally, violation is a misdemeanor if the loss is less than $300 and a felony if it exceeds that amount. Any person who has been damaged by a violation of section 578.407 may recover all actual and consequential damages, punitive damages, and court costs, including reasonable attorneys' fees, from the person causing such damage. | Statute |
| Gregg and Linda Schumacher, and Gregg Schumacher Furs, LLC dba as Schumacher Furs and Outerwear, Plaintiffs v. City of Portland, | In this Opinion, the judge granted the defendants a total of $96,870.85 in attorneys fees. The action stemmed from a lawsuit filed by the Schumachers for $ 6.6 million dollars against the City of Portland and the named defendants seeking damages for alleged illegal protest activities in front of their fur store. The defendants all prevailed on their Motion to Strike. The court observed that awarding of attorney fees is mandatory under Oregon law when a party prevails in an anti-SLAPP (Strategic Lawsuit Against Public Participation) lawsuit. Thus, the issue at hand was the amount of the attorney fees. The court went through the factors under Oregon law in analyzing the reasonableness of the requested attorney fees. When examining each factor, the court determined that the evidence either was in favor of defendants or was neutral. Notably, the court found that the plaintiffs' claims against defendants were not objectively reasonable because the plaintiffs did not produce any evidence that the prevailing defendants did anything illegal. | Pleading |