In the ongoing litigation run around, Utah had its day in court recently to stand up for what animal activists call an “ag gag” law while those in the agricultural community see as a way to protect farming operations from those with outside agendas.
In 2012, the Utah Legislature adopted Utah’s Agricultural Operation Interference Act which would enhance protections of private property rights from trespassers and make it a crime to falsify one’s job application to gain entrance onto an agriculture operation and use that entry to undermine integrity of that operation.
Randy Parker, Utah Farm Bureau chief executive officer, said the legislation was originally needed as the agricultural industry continues to have concerns with biosecurity in agriculture and unauthorized entry into any agricultural production entity.
Parker, who was in the court for the latest hearing, shared that Judge Shelby in his dialogue with counsel offered several questions on the constitutionality and freedom of speech concerns. These are the two commonly cited concerns that allowed an Idaho judge to strike down a similar farmer protection piece of legislation.
Parker said the discussion in Utah’s hearing talked about private property protections. He questioned the court about whether one has a right to place recording devices on someone’s private property. He went on to say whether it would be okay to put a recording device in one’s neighbor’s bedroom, just because they thought something might be going on that is wrong.
If the end justifies the means, which is how animal activists argued for the need to place recording devices on farms or slaughterhouses, than how is that any different than arguing to protect children or spouses. “Where do we stop,” Parker said the judge questioned.
He also challenged the notion that falsifying an employment document is protected as a freedom of speech. A Supreme Court decision has already determined that deceit is not protected under freedom of speech in a previous case involving someone who lied and said they’d received the Congressional Medal of Honor.
“I felt the avenue of questioning really brought in our concerns and the protection of private property rights and violating employer’s trust,” Parker said. “The wild care is recording devices and whether the means are justified by the end result. It is troubling though when you think about how that standard could be applied in our private landscape.”
Parker noted that farmers and ranchers, particularly those engaged in animal agriculture, the vast majority want to do what’s right. “Our farmers and ranchers are very conscientious on stewardship and responsibilities for their creatures,” he said.
“The Act at issue does not prevent an interest group or an organization from publicizing information about an agricultural operation, but in the most intrusive cases where someone intends to record activities within the enclosures of a farm, the Act calls for full disclosure and consent. This simple step does not guarantee that agricultural operators will be safe or that they will be able to maintain their privacy, but it is a step toward those aims,” an amicus brief from the Utah Farm Bureau noted.
The brief added that family farms targeted by animal welfare and environmental activists quickly become the subject of threats, harassment and other injuries.
From 2001 to 2011, terrorist groups claimed responsibility for 90 domestic attacks. There were 97 claims of responsibility. Of those, 89 claims of responsibility came from five animal welfare and environmental activist groups, the amicus brief added.
The brief also noted several occurrences of situations in Utah. For over a decade, activists have terrorized Utah’s mink farmers. The harm to Utah farmers has been substantial: the release of 10,000 animals in one raid 2008, another 6,000 released a few weeks later, breeding records and additional mink released in 2013.
In 1997, activists ignited six bombs at the Fur Breeders’ Agricultural Cooperative in Midvale. Several attacks occurred at a farm cooperative in Sandy, including an explosion and fire that caused nearly $1 million in damage. In 2007, an animal rights group claimed responsibility for stealing 100 hens from a farm in Spanish Fork.