Results
Displaying 21 - 30 of 69
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| MS - Ecoterrorism - Animal Research or Exhibiting Facilities Protection Act | Miss. Code Ann. § 69-29-301 to 69-29-315 | MS ST § 69-29-301 to 69-29-315 | This section comprises Mississippi's Animal Research or Exhibiting Facilities Protection Act. The act prohibits a person, without the effective consent of the owner, to acquire or otherwise exercise control over an animal facility with the intent to deprive the owner of the facility, animal or property and to disrupt or damage the enterprise conducted at the animal facility. A person is also prohibited from entering and remaining concealed at a facility with the intent to damage or disrupt the facility. Violation for damaging a facility is a fine of up to $10,000 and/or imprisonment for up to 3 years. Violation for illegal entry with an intent to damage or disrupt the facility results in a fine of up to $5,000 and/or imprisonment up to 1 year. | Statute |
| NC - Ecoterrorism - § 99A-1. Recovery of Damages for Exceeding the Scope of Authorized Access to Property | N.C.G.S.A. § 99A-1, 2 | NC ST § 99A-1, 2 | This law is known as North Carolina’s Property Protection Act and is what many consider to be a new variation of ag-gag law. § 99A-2 imposes a civil punishment for “exceeding the scope of authorized access to property.” A person exceeds access to authority by intentionally gaining access to the non-public areas of another’s premises and removing (and subsequently distributing) documents, recording images or sounds, placing a camera on the premises, conspiring in organized retail theft, or interfering with property. The punishment for violation of the Property Protection Act can result in equitable relief, compensatory damages, costs and fees, and exemplary damages of $5,000 per day that a defendant has acted in violation. The law is effective January 1, 2016. | Statute |
| NY - Research, animal - Article 5. Laboratories. Title I. General Provisions: State Laboratories; Approved Laboratories. | McKinney's Public Health Law § 500 - 506 | NY PUB HEALTH § 500 - 506 | The group of statutes provides that the commissioner shall require laboratories and research facilities to treat all animals used in testing humanely, provide food and suitable housing, and that any experiments that inflict or involve pain shall be performed with anesthesia. Each research facility shall be inspected by the commissioner in order to ensure compliance with said rules. In addition, the statutes provide that alternative animal testing methods be utilized when the alternative has been scientifically validated and recommended by the Inter-Agency Coordinating Committee for the Validation of Alternative Methods (ICCVAM) and adopted by the appropriate federal agency. | Statute |
| AR - Ecoterrorism - Farm Animal and Research Facilities | A.C.A. § 5-62-201 - 204 | AR ST § 5-62-201 to 204 | This Arkansas subchapter concerns illegal acts committed against agricultural production and animal research facilities. Under the act, a person commits an offense if, without the effective consent of the owner, the person acquires or otherwise exercises control over an animal facility, an animal from an animal facility, or other property from an animal facility, with the intent to deprive the owner of the animal facility, animal, or property and disrupt or damage the enterprise conducted at the animal facility. Any person who violates any provision of this subchapter is deemed guilty of a Class D felony and will be ordered to pay replacement costs/restitution. | Statute |
| Animal Legal Defense Fund v. Herbert | 2013 WL 4017889 (D. Utah July 22, 2013) | The Animal Legal Defense Fund and other plaintiffs challenged Utah Code Ann. § 76-6-112, which criminalizes recording images or sounds at industrialized farming operations, and entering industrialized farming operations by false pretenses or misrepresentation. The Plaintiffs alleged that § 76-6-112 violated the Free Speech Clause of the First Amendment and the Equal Protection Clause of the Fourteenth Amendment. The Defendants moved to dismiss on the grounds that the Plaintiffs had not suffered actual harm, and thus did not have standing. The U.S. District Court Judge dismissed some Plaintiffs from the case, but allowed it to move forward. | Case | |
| Animal Legal Defense Fund v. Herbert | Slip Copy 2017 WL 2912423 (D. Utah July 7, 2017) | This case deals with the constitutionality of Utah's "ag gag" law, enacted in 2012. The law criminalizes lying to obtain access to an agricultural operation and the subsequent recording or filming once inside. According to statements made enactment, it is directed at undercover operations that investigate farm animal abuse. Plaintiffs assert that the law violates their First Amendment rights. On review of motions, the court first looked at whether the First Amendment applies to this type of "lying." Because a recent U.S. Supreme Court case makes lying that causes "cognizable legal harm" outside the protection of the First Amendment, the court examined the type of lying at issue in the Utah law. Ultimately, the court found that lying to gain access to these agricultural facilities does not in itself cause a legally cognizable harm. Thus, "absent an additional showing of harm, under either interpretation, at least some of the lies criminalized by the Act retain First Amendment protection." With regard to First Amendment protections for the act of recording once at an agricultural operation and whether a strict scrutiny standard applies, the court looked to other circuits that found the act of making speech (i.e., recording/filming) is protected. The State countered with the fact that such recording occurs on private property, but the court found the government cannot place criminal restrictions on speech simply because it occurs on private property. The court noted that the property owner can indeed remove the person from the property and sue for any damages resulting from the trespass, which is different than prosecution by the state to curtail speech. Finally, after finding that the act impinges protected speech, the court then analyzed whether it withstood a strict scrutiny review. The State proffered government interests that include concerns over worker protection and disease outbreak. However, the court noted nothing in the legislative history on these claims or any actual incidents that supported these asserted government interests. The court found the Act did not survive strict scrutiny as it was not narrowly tailored and instead was directed at the content of the speech (the act of recording a facility). The Plaintiffs' Motion for Summary Judgment was granted and the State's Motion for Summary Judgment was denied. | Case | |
| SC - Ecoterrorism - Chapter 21. Farm Animal and Research Facilities Protection Act. | Code 1976 § 47-21-10 to 90 | SC ST § 47-21-10 to 90 | The set of law comprises South Carolina's Farm Animal and Research Facilities Protection Act. A person commits an offense if, without the effective consent of the owner, the person exercises control over an animal facility or the property located there, or if that person damages the facility or its property. A person also commits an offense if he or she enters a facility without the effective consent of the owner and remains concealed with the intent to disrupt or damage the enterprise conducted at the animal facility. Violation for disruption or damage to a facility or its property is a misdemeanor with a fine of up to $10,000 and/or 3 years imprisonment. Violation for illegal entry is a misdemeanor with a fine up to $5,000 and/or 1 year imprisonment. | Statute |
| FL - Ecoterrorism - Florida Animal Enterprise Protection Act | West's F. S. A. § 828.40 - 43 | FL ST § 828.40 - 43 | This set of laws comprises the Florida Animal Enterprise Protection Act. Under the Act, a person who intentionally causes physical disruption to the property, personnel, or operations of an animal enterprise by intentionally stealing, damaging, or causing the loss of, any property, including animals or records, used by the animal enterprise, and thereby causes economic damage, commits a felony of the third degree. | Statute |
| Western Watersheds Project v. Michael | 353 F.Supp.3d 1176 (D. Wyo. 2018) | Wyoming enacted statutes that imposed civil and criminal penalties for data collection on private land or when private land was crossed to reach public land without landowner permission. The pair of statutes (one criminal and one civil) prohibited individuals from entering “open land for the purpose of collecting resource data” without permission from the owner. The criminal statute imposed penalties that were stricter than Wyoming’s general trespass provision. The Plaintiffs, who were advocacy organizations, filed suit to challenge the statutes alleging that the statutes violated the Free Speech and Petition Clauses of the First Amendment, the Equal Protection Clause of the Fourteenth Amendment and that the statutes were preempted by federal law. The District Court found for the Plaintiffs on the free speech, petition, and equal protection claims, but did not feel that the Plaintiffs stated a preemption claim. Wyoming then amended the statutes and the Plaintiffs amended their complaint re-alleging free speech and equal protection claims. The district court found for the defendants on a motion to dismiss. The Plaintiffs then appealed. Both Plaintiffs and Defendants had filed cross motions for summary judgment. The Court granted the Plaintiffs’ Motion for Summary Judgment and denied Defendants’’ Motion for Summary Judgment. The Court ultimately found that the Wyoming statutes were facially unconstitutional and in violation of the First Amendment to the Constitution. The State of Wyoming was permanently enjoined from enforcing the statutes. | Case | |
| PA - Ecoterrorism - § 3311. Ecoterrorism | 18 Pa.C.S.A. § 3309 - 3311; 42 Pa.C.S.A. § 8319 | PS ST 18 Pa.C.S.A. § 3309 - 3311; PS ST 42 Pa.C.S.A. § 8319 | This collective set of laws comprises Pennsylvania's ecoterrorim and agroterrorism provisions. The state has an agricultural vandalism law (misdemeanor or felony, depending on pecuniary loss) and law prohibiting the destruction of agricultural crops (felony). A person is guilty of ecoterrorism if the person commits a specified offense against property by: intimidating or coercing a person participating in an activity involving animals, plants, or natural resources; or preventing or obstructing a person involved in such an activity. The law has a provision that states a person who is on public property, or on private property with permission, and is peaceable exercising his or her constitutional rights is immune from prosecution and from civil liability under Pa.C.S. Sec. 8319. | Statute |