Ag-Gag Laws Almost Lead to a Prosecution in Utah

First Ag-Gag Prosecution Almost Comes to Fruition in Utah

Amy Meyer was driving by the Dale Smith Meatpacking Company slaughterhouse in Utah when she decided to pull over and videotape what she saw: piles or horns littered across the property, cows being dragged across the grounds, one cow in particularly who appeared sick or injured being hauled off in a tractor “as though she were nothing more than rubble,” Meyer told the online paper Green is the New Red.

Meyer’s videotaping did not go over well with the slaughterhouse manager, Darrel H. Smith, the town mayor, who told her to stop. She made it clear that she was not on his property, and had every right to record anything she wanted.

At least that’s what she thought.

However, later on Meyer learned that she was going to be prosecuted under Utah’s new law (a law many people refer to as an “ag-gag law”) which is designed to prohibit undercover videos of farms and slaughterhouses.

The charges were eventually dropped, perhaps since Meyer was on the roadside, and not trespassing on private property (although Utah’s law is sketchy on those particulars). However, this brings to light the progress that these ag-gag laws have made over the course of the year.

Background on Ag-Gag Laws

Ag-Gag Laws aren’t that new. Kansas, Montana, and North Dakota all have had forms of this type of law in place for the last two decades. But in recent years more and more states are considering implementing rules that prohibit undercover videos of animal abuse. Much of this has come as a result of troubling videos made by groups like the Humane Society and Mercy for Animals. These videos were truly undercover, meaning that the videos were taken on the property of the farms (oftentimes by employees-turned-whistleblowers of the farm or slaughterhouse).

Most of the Ag-Gag laws don’t prohibit the ability to film from a roadside (like Meyer did). However, states are finding ways around this. For example, Pennsylvania’s proposed bill criminalizes anyone who “records an image of, or sound from, the agricultural operation,” or who “uploads, downloads, transfers or otherwise sends” footage using the Internet.

Tennessee’s bill passed, and is awaiting the governor’s signature. During the process, however, one state rep (Andy Holt) referred to the Humane Society’s use of undercover footage of animal abuse as no different than how human-traffickers use 17-year-old women. He claims that organizations like the Humane Society “seek to profit from animal abuse” using a “tape and rape” method.

Proponents of ag-gag laws share at least part of Holt’s sentiment. Proponents claim that if any animal abuse does take place at a facility, employees have the ability, and obligation, to report to authorities. Videos, they believe, do nothing but sensationalize the problem, and, in fact, those who videotape these abuses for use in supporting a cause are participating in the abuse. Those who videotape animal abuse ought to be required to submit the evidence to police, immediately, rather than to broadcast it to the world.

Opponents of ag-gag laws claim that employees are not likely to openly report abuses to authorities, because they aren’t quick to report themselves or their co-workers. Furthermore, opponents claim that these videos can be used later on as evidence of abuse, if formal charges are ever brought to light.

However, above all else, opponents of ag-gag laws claim that not being able to broadcast abuse severely limits their ability to inform the public of the truth. When people actually get to see and hear the abuse, they’ll realize the problem is far worse than they imagined. These images and videos might stir people into anger and, eventually action.

Currently Nebraska, North Carolina, Pennsylvania, and Vermont are considering ag-gag laws similar to that of Utah and Tennessee.

Well-known animal activists, such as Carrie Underwood, aren’t taken this ag-gag progress lightly. On April 18, soon after Tennessee’s bill passed, she tweeted this to her thousands of followers:

“Shame on TN lawmakers for passing the Ag Gag bill. If Gov. Bill Haslam signs this, he needs to expect me at his front door. Who’s with me?”

Well, who’s with her?

News Link:-http://www.allpetnews.com/ag-gag-laws-almost-lead-to-a-prosecution-in-utah

AgGag Casts Doubt On Bill Requiring Quick Turnover of Animal Abuse Photos To Police

Tennessee’s proposed “Ag Gag” law suffered a setback Thursday when the state’s attorney general labeled it “constitutionally suspect” and said it could violate freedom of the press and the right against self-incrimination.

The bill, awaiting either Gov. Bill Haslam’s signature or veto, would force anyone who purposefully took pictures or video of livestock abuse to turn those over to law enforcement within 48 hours.

That limits the media, incriminates those who captured the video through trespassing and exposes police to copyright problems should the public ask for copies, Attorney General Robert Cooper wrote.

Haslam has until Wednesday to either sign or veto the bill, his spokesman confirmed, but the governor’s office offered no further comment. If he took no action at all, it would pass into law automatically, with those who broke it facing a $50 fine.

The bill’s author, Rep. Andy Holt, R-Dresden, said he didn’t see a constitutional problem and compared its provisions to forcing medical doctors to report suspected child abuse.

A hog farmer and relentless critic of the Humane Society of the United States, Holt said the only reason someone would want to videotape animal abuse and hang onto it would be for profit.

“If people are engaged in criminal activity, it will be abundantly apparent.  “No it will not” You don’t have to have two months to provide clarity to law enforcement,” Holt said. “Ask yourself this question: Should an animal have to suffer an abusive situation for two months?” “Those animals will suffer whether being videod or not, if they are already in an abusive situation; often the management don’t know their animals are being abused. To ensure a conviction, evidence has to be collected over a period of time, so people can’t say it was a “one off” act of violence…FFS people…open your eyes. Those who want Ag-Gag laws must want them for a reason!!”

A two-month undercover investigation by the Humane Society led to state and federal animal abuse charges last year against famed Tennessee Walking Horse trainer Jackie McConnell of Collierville. The group released stomach-turning video of McConnell beating a horse and of its legs being chemically burned to encourage the breed’s prized longer, higher gait.

Holt said his bill has nothing to do with that case. Instead, it would prevent video of legitimate animal husbandry being represented as inhumane and used for fund raising, he said.

Humane Society leaders held a news conference earlier Thursday at Gaylord Opryland Convention Center, where the group is holding its Animal Care Expo. They denounced Holt’s bill and called upon the Tennessee attorney general’s office to investigate the walking horse industry.

A letter from the group to Cooper cites a 76 percent positive rate on U.S. Department of Agriculture tests for foreign substances on horses’ legs at the Tennessee Walking Horse National Celebration last year in Shelbyville.

“We need to know what perversion looks like and not be a part of any activity to either celebrate it, encourage it or somehow honor it,” said Dr. Michael Blackwell, president of the online Humane Society University.

Mike Inman, the Celebration’s CEO, didn’t respond to messages left Thursday but has said that walking horse trainers found McConnell’s actions deplorable. He said the industry is striving for 100 percent compliance with the federal Horse Protection Act.

Written by Heidi Hall The Tennessean

News Like:-http://www.tennessean.com/article/20130510/NEWS0201/305100086/AG-casts-doubt-bill-requiring-quick-turnover-animal-abuse-photos-police?nclick_check=1

Animal-Death Profiteering State Lawmaker Suggests Animal Rights Activists Are Like Rapists

“What a fxxxxxg dick head!”

A Tennessee lawmaker sponsoring a new bill shutting down animal cruelty investigations suggested animal rights activists were engaging in “tape and rape” tactics, and were “intent on using animals the same way human-traffickers use 17 year old women.

” The representative in question, Andy Holt (R-Dresden), owns and operates a facility that raises pigs, cows, and goats for slaughter.

Holt’s outburst came in response to an email from Humane Society Public Policy

Andy Holt – suggested animal rights activists were engaging in “tape and rape” tactics

Coordinator Kayci McCloud, in which McCloud asked Holt to reconsider his support for Tennessee’s recently passed “ag-gag” law. Ag-gag laws contain a variety of provisions (varying from law to law) designed to make it impossible for undercover investigators to document animal cruelty or unsafe farming conditions on farms like Holt’s. “Well he obviously has something to hide!”

The Tennessee law Holt sponsored and pushed through the legislature accomplishes this end by forcing groups to turn over any documentary evidence of illegal activity on farms to the authorities within 48 hours, making it functionally impossible for them to put together a comprehensive case that could lead to arrests.

Holt responded viciously to McCloud’s inquiry, accusing the Humane Society of America — the country’s leading animal welfare organization, whose investigations have repeatedly led to pro-animal prosecutions and legislation — of functionally supporting the sexual abuse of animals:

I am extremely pleased that we were able to pass HB 1191 [the ag-gag law] today to help protect livestock in Tennessee from suffering months of needless investigation that propagandist groups of radical animal activists, like your fraudulent and reprehensibly disgusting organization of maligned animal abuse profiteering corporatists, who are intent on using animals the same way human-traffickers use 17 year old women. You work for a pathetic excuse for an organization and a pathetic group of sensationalists who seek to profit from animal abuse. I am glad, as an aside, that we have limited your preferred fund-raising methods here in the state of Tennessee; a method that I refer to as “tape and rape.” Best wishes for the failure of your organization and it’s [sic] true intent.

Holt’s outburst is unusual for reasons beyond the vicious smears: while ag-gag supporters typically sell the laws as a means to help animal rights investigations, Holt admits that the law’s true purpose is to limit the ability of pro-animal groups to expose cruelty. It’s also unclear how “suffering months of needless investigation,” which mostly means being videotaped, is worse for farm animals than being crammed into crates so tight that they are forced to stand in their own feces and acquire bleeding sores from attempting to move even slightly — a common fate for pigs in American factory farms.

In addition to his work in the state legislature, Holt owns and operates Holt Family Farms with his wife. Because Holt’s operation raises animals for slaughter (though they are not killed on premises), it’s exactly the sort of farm that might be subject to the type of investigation Holt is attempting to outlaw.

Human Society President Wayne Pacelle describes Holt Family Farms as an “industrial hog” farm. Holt, who recently took a vacation to Hawaii paid for by the American Farm Bureau Federation, is taking a lead role in the effort to legalize horse meat production in Tennessee.

Tennessee, which is ahead of the national curve with respect passing ag-gag laws, is also in the midst of a controversy about the endemic abuse of horses as part of the Tennessee Walking Horse show “tradition.”

News Link:-http://thinkprogress.org/justice/2013/04/29/1934461/animal-death-profiteering-state-lawmaker-suggests-animal-rights-activists-are-like-rapists/?mobile=nc