|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|
|Animal Legal Defense Fund v. Reynolds||297 F.Supp.3d 901 (S.D. Iowa Feb. 27, 2018)||2018 WL 1151000 (S.D. Iowa Feb. 27, 2018)||In 2012, Iowa passed a statute (Iowa code § 717A.3A) that criminalized gaining access to agricultural facilities under false pretenses and making a false representation on a job application for those facilities. Plaintiffs in this case (animal rights groups including the Animal Legal Defense Fund and PETA) brought suit alleging that the statute was unconstitutional and sought to enjoin the Defendants (governor of Iowa) from enforcing it. Their complaint alleged that the statute violates the First Amendment as discrimination on the basis of content, the Equal Protection Clause of the Fourteenth Amendment by targeting animals rights groups, and violates the Due Process Clause of the Fourteenth Amendment by burdening the freedom of speech. This case decides the Defendants’ motion to dismiss the Plaintiffs’ complaint based on lack of standing and failure to state a claim because the outlawed conduct is not protected by the First Amendment as false statements and is rationally related to the legitimate government interest of protecting private property, thereby not violating the Fourteenth Amendment. The court denies Defendants' motion with respect to the First Amendment, concluding that Plaintiffs have plausibly alleged the intent to suppress their message because of their viewpoint. However, the court grants the motion to dismiss for the claim of a Fourteenth Amendment violation because the statute in fact serves a legitimate government purpose in protecting private property.||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|
|Animal Legal Defense Fund v. Mendes||72 Cal.Rptr.3d 553 (Cal.App. 5 Dist., 2008)||08 Cal. Daily Op. Serv. 1999, 160 Cal.App.4th 136, 2008 WL 400393 (Cal.App. 5 Dist.)||
Appellants ALDF asserted causes of action for violation of Penal Code section 597t for confining calves without an “adequate exercise area,” and for commission of unfair business practices under Business and Professions Code section 17200 et seq. In affirming the lower court's decision to dismiss the action, this court held that there is no private cause of action pursuant to Penal Code section 597t under the present circumstances, and none of the appellants have shown an ability to allege any facts of economic injury.
|Animal Legal Defense Fund v. LT Napa Partners LLC,||234 Cal. App. 4th 1270, 184 Cal. Rptr. 3d 759 (Cal. Ct. App. 2015), review filed (Apr. 16, 2015)||2015 WL 1004423 (Cal. Ct. App. 2015)||Plaintiff and respondent Animal Legal Defense Fund filed an action against defendants and appellants LT Napa Partners LLC and Kenneth Frank for unfair competition, alleging defendants sold foie gras in their Napa restaurant in violation of California law. Defendants moved to strike plaintiff's claim pursuant to the anti-SLAPP statute, arguing it was exercising its free speech rights by protesting the law. Defendants appealed the trial court's denial of the motion. The appeals court affirmed the lower court's decision because the ALDF demonstrated probability of prevailing on the claim that it had standing under Unfair Competition Law (UCL); showed basis for liability against chef; and showed probability of prevailing on its claim that owner and chef unlawfully sold foie gras.||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|
|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 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. California Exposition and State Fairs||239 Cal. App. 4th 1286 (2015)||2015 WL 5050255 (Cal. Ct. App., 2015)||Plaintiffs brought a taxpayer action against defendants based on allegations that defendants committed animal cruelty every summer by transporting pregnant pigs and housing them in farrowing crates at the state fair. One defendant, joined by the other, demurred, contending plaintiffs' complaint failed to state a cause of action for three distinct reasons, including that California's animal cruelty laws were not enforceable through a taxpayer action. The trial court agreed on all accounts, and sustained the demurrer without leave to amend. The Court of Appeals addressed only one of plaintiffs' claims, that contrary to the trial court's conclusion, plaintiffs could assert a taxpayer action to enjoin waste arising out of defendants' alleged violation of the animal cruelty laws. Like the trial court, the appeals court rejected plaintiffs' contention, concluding that they could not circumvent the prohibition recognized in Animal Legal Defense Fund v. Mendes (2008) 160 Cal.App.4th 136, which concluded that recognition of a private right of action under West's Ann.Cal.Penal Code § 597t would be inconsistent with the Legislature's entrustment of enforcement of anti-cruelty laws to local authorities and humane societies, by couching their claim as a taxpayer action. The lower court’s decision was therefore affirmed.||Case|
|Animal Legal Defense Fund Boston, Inc. v. Provimi Veal Corp.||626 F.Supp. 278 (D.Mass.,1986)||
District Court found that federal law preempts Massachusetts's consumer protection statute that requires retailers to inform consumers of relevant information, the disclosure of which may have influenced the buyer or prospective buyer not to enter into the transaction. The District Court also held that the Animal Legal Defense Fund could not enforce a cruelty to animals claim because it involves criminal statutes that only public prosecutors and legislatively-sanctioned groups may enforce.