After finding the law was facially unconstitutional and violated the First Amendment, the judge blocked the state from enforcing it. Today’s order found that the law is unconstitutional, which means it cannot legally be enforced. A later investigation found no evidence of abuse at the farm. Animal rights activists have repeatedly published damning footage of Iowa farms that reveals sick or wounded animals and overcrowded conditions. In defending the 2019 law, lawyers in Iowa’s attorney general’s office are making some of the same arguments to Judge Gritzner as they did when unsuccessfully defending the 2012 law, saying in court filings that they do so “in the hope that the court will view the arguments in a new light.”, The state points out that the law doesn’t apply to whistleblowers who obtain employment without deception and then record wrongdoing in the facility, and is instead designed solely to “punish those with nefarious motives.”. As with the 2012 law, the new version criminalizes undercover investigations agricultural facilities, but in a slightly different manner. In early 2020, an animal rights group claimed to have uncovered animal neglect at a pig facility co-owned by Rozenboom. Matthew Strugar, a Los Angeles attorney representing the plaintiffs in both Iowa lawsuits, says he expects that Judge Gritzner will issue a ruling on the 2019 law without taking the matter to trial — but the judge may first wait to see what the Eighth Circuit Court of Appeals has to say about his ruling on the 2012 law. A second offense is a felony that carries up to five years behind bars. We ask that you edit only for style or to shorten, provide proper attribution and link to our web site. That investigation, the ALDF says, resulted in 22 charges of livestock neglect and abuse against six individuals, all of whom later admitted guilt. A judge issued an order preventing enforcement of Iowa's new ag-gag law, the second attempt at preventing undercover investigations at ag facilities. ▪ You can publish our graphics and any photos that are credit to Iowa Capital Dispatch with the stories with which they originally appeared. Kelly is in the minority of Senate Democrats who have sponsored neither the sweeping labor reform legislation nor a crackdown on forced arbitration. Kim Reynolds in June, trespassing at a food operation is an aggravated misdemeanor that carries up to two years in prison and a $8,540 fine. It seeks to punish the witnesses who expose illegal and inhumane conduct on factory farms. Iowa. ▪ You must give Iowa Capital Dispatch credit, including https://iowacapitaldispatch.com and author. IOWA CITY, Iowa (AP) — An animal rights activist whose investigations and pranks have made him a leading foe of the livestock industry has been. The centerpiece of the project, as The Intercept has reported, is a map with the locations of more than 27,000 farms and animal agriculture facilities. This is the fourth so-called "ag gag" measure passed by the Iowa Legislature. “They laugh at them.”. The case is being watched closely by agricultural giants, labor unions, dog breeders and animal-welfare organizations around the country. In 2017, the ALDF, PETA, the Center for Food Safety and others, sued the state, challenging the constitutionality of the law. That could be difficult to prove given the law’s silence on biosecurity and trade secrets, which, like trespassing, are addressed by other longstanding state laws. Iowa – Passed an ag-gag law in March 2012 that criminalizes providing false information on an employment application with the intent to record images. Those are far harsher penalties than trespassing elsewhere, a simple misdemeanor that carries up to 30 days in jail and a … A federal judge in Iowa says it's no longer a crime to go undercover at factory farms, slaughterhouses and any other ag-related operations. In 2008, PETA used undercover investigators at a Hormel Foods supplier in Iowa to document workers beating pigs with metal rods, sticking clothespins into pigs’ eyes and other acts of cruelty. This is chilling, folks.”. In the midst of uprisings against police brutality across the U.S., Iowa legislators quietly passed a bill on Friday to increase penalties for animal rights activism that has targeted the factory farming industry. Lawmakers soon attempted to introduce a second law, which was put on hold due to another Constitutional challenge. Iowa 'Ag-Gag' Law Banning Undercover Farm Investigations Ruled Unconstitutional. It says that in 2011, an undercover investigation at Iowa Select Farms showed workers hurling piglets onto a concrete floor. Unlike the challenges in other states, the groups suing Iowa contend that state’s law protects not only inhumane animal agriculture operations but also hundreds of puppy mills. ag gag law animal rights activist Iowa Iowa News Matthew Johnson News. Iowa makes it a crime to get hired at a livestock facility under false pretenses. on about your day, ask yourself: How likely is it that the story you just read would have been produced by a different news outlet if The Intercept hadn’t done it? But the original language remains in effect, so the state takes the position that the appeal is still live. In the years leading up to the passage of the law in 2012, there were at least ten undercover investigations of factory farms in Iowa. Iowa is by far the nation’s biggest producer of pigs raised for meat and is also the country’s top egg producer. Iowa Approves Nation's First 'Ag-Gag' Law Food Safety News. That’s all it takes to support the journalism you rely on. In some cases, such footage has been captured via undercover investigations in which an activist obtains a job at a factory farm; in others, activists have entered properties surreptitiously to film poor conditions. “I could easily find my farm, my name, the number of animals in the building, and that sort of thing. Reynolds’ desk. Currently, a temporary injunction prevents Iowa from enforcing the 2019 law, and an appeals court is considering a lower-court decision striking down an earlier, 2012 version of the law. State Senator Ken Rozenboom, one of the bill’s sponsors, is a factory farm owner. A second offense is a felony that carries up to five years behind bars. The “ag-gag” law hasn’t seen much use in the Hawkeye State since its passage in 2012. Lawmakers soon attempted to introduce a second law, which was put on hold due to another Constitutional challenge. We blogged several times – most recently, on April 24, 2019 – about Iowa’s “ag-gag” law, which makes it a criminal offense to gain employment in or access to farm or ranch operations by means of false pretenses. The state disputes that and says the ag gag law is “content neutral” and “serves purposes unrelated to the content of speech.”. The Federal District Court for the Southern District of Iowa rules Iowa’s Ag-Gag law unconstitutional in violation of the First Amendment. Mason noted that the newest version of the bill is significantly scaled back and leaves out references to video footage or attempts to gain employment, sticking instead to trespass penalties. The law blocked the ability of journalists, food safety, and labor advocates to do undercover work in agricultural facilities. The first version was overturned on First Amendment grounds in January 2019, and the second was put on hold while a constitutional challenge moves through the courts. “This really does show the power that industrialized agriculture wields with Iowa legislators,” Mason added. Although undercover investigations have been used in ag facilities in Texas, North Carolina, Nebraska and Oklahoma, Iowa is often the focal point of animal-welfare investigations. For more than a decade, the American Legislative Exchange Council, an organization that links industry lobbyists with state lawmakers, has promoted a model ag-gag bill. As for lies and deception, she added, the images speak for themselves. The Iowa Pork Producers Association lobbied on behalf of the bill, while the American Civil Liberties Union of Iowa, the Iowa Broadcasters Association, and the environmental organization Food and Water Watch lobbied against it. DES MOINES, Iowa (CN) – Iowa’s so-called “ag-gag” law that makes it a crime for undercover journalists or animal-rights activists to investigate and report on animal abuse in livestock facilities is unconstitutional, a federal judge ruled Wednesday. While the 2012 law made it a crime to obtain access to an agricultural production facility by false pretenses if the intent was to do something not authorized by the company, the new law criminalizes the use of deception in seeking employment if the intent is to cause “economic harm or other injury.”. In March of this year, the State of Iowa became the first state to adopt a recent version of what some have called “ag-gag” laws. Iowa continues to defend its original ag-gag law in the 8th Circuit U.S. Court of Appeals. The 2012 law … CTRL + SPACE for auto-complete. The lawsuit asked, among other things, for the federal court to 1) declare that Iowa’s ag gag law is a violation of the U.S. Constitution 2) to strike it down and 3) to enter an order blocking the state from enforcing it. Follow Iowa Capital Dispatch on Facebook and Twitter. Deputy Editor Clark Kauffman has worked during the past 30 years as both an investigative reporter and editorial writer at two of Iowa’s largest newspapers, the Des Moines Register and the Quad-City Times. Iowa’s Ag-Gag law criminalized undercover investigations at a broad range of animal facilities including factory farms, puppy mills, and slaughterhouses, preventing advocates from exposing animal cruelty and environmental, workers’ rights, and food safety violations. Doolittle takes the new law as an ominous sign. State Sen. Ken Rozenboom, who sponsored Iowa’s second ag-gag bill in 2019, is a factory farm owner himself. “The only question is, ‘Does this law violate the First Amendment?’ — and for that you don’t need a trial,” Strugar said. That same year, investigators at Iowa’s Sparboe Farms documented hens with gaping, untreated wounds laying eggs in cramped conditions among decaying corpses. Who would hold party elites accountable to the values they proclaim to have? During a discussion of the bill on Friday, Rozenboom said that it is meant to “address the gravest threats to animal agriculture in Iowa today.” He went on to describe a new endeavor by animal rights activists called Project Counterglow. In 2012, Iowa implemented its ag-gag law, created to keep reporters and activist from entering livestock facilities under false pretenses to report animal abuse. by Clark Kauffman, Iowa Capital Dispatch November 27, 2020. Kecia Doolittle, who led the team that created Project Counterglow, said that the activists weren’t interested in hurting farmers. A federal judge struck down Iowa’s “Ag-Gag Law.” The law prevents journalists and advocacy groups from taking part in undercover investigations of farms, slaughterhouses, and other agricultural facilities. He has won numerous state and national awards for reporting and editorial writing. In 2019, U.S. District Judge James Gritzner granted summary judgment to the plaintiffs, ruling in their favor without the need for a trial. “The Iowa ag-gag law is part of the animal agriculture industry’s nationwide campaign to silence the undercover investigations and corresponding media coverage that contribute to public debate about animal treatment and food safety,” the plaintiffs argued in their complaint. Kim Reynolds in June, trespassing at a food operation is an aggravated misdemeanor that carries up to two years in prison and a $8,540 fine. Iowa’s law is similar to Utah’s in that it is a hybrid of the “interference” and “fraud” type ag-gag laws – it prevents false identification on an employment application with the intent to record images, and it also prohibits recording and distributing recordings taken at … “The Iowa ag-gag law is part of the animal agriculture industry’s nationwide campaign to silence the undercover investigations and corresponding media coverage that contribute to public debate about animal treatment and food safety,” the plaintiffs argued in their complaint. Iowa isn’t alone in using legislation to criminalize animal rights activism and whistleblowing. Between 2012 and 2018, there were zero investigations, they say. Similar laws in other states have come and gone via legal challenges. Terry Brantsad as saying, “If somebody comes on somebody else’s property through fraud or deception or lying, that is a serious violation of people’s rights — and people should be held accountable for that.”. In Iowa, an ag-gag law passed in 2011 was struck down earlier this year by a federal judge. Within three weeks of the judge’s decision, the Iowa Legislature was considering a new version of the law that passed through subcommittees, committees, and both chambers in just 11 days. The state also claims the law is simply an effort to outlaw trespassing and to ensure biosecurity and the protection of trade secrets and proprietary information. The Iowa law prohibits people from gaining entry into or employment in an agricultural production facility (including, most notably, an animal agriculture facility) under false pretenses. “They create model legislation around the country, and state legislators, some of whom are bought and paid for by corporations, just copy and paste that model legislation into their statutes.”, In defending the Iowa law, the state’s attorney general has quoted former Gov. “I’m ashamed of it,” Rozenboom told the Des Moines Register. Ag-gag laws are anti-whistleblower laws that apply within the agriculture industry. Individuals convicted of violating the law face up to a year in jail and up to $1,875 in fines for a first conviction. Contact Editor Kathie Obradovich for questions: info@iowacapitaldispatch.com. Under the so-called ag-gag law signed by Republican Gov. Iowa’s ‘ag gag’ has stifled investigations, despite pending court challenges, Rozenboom subsequently acknowledged problems, Panel approves contested water rules, eyes dam safety, Iowa farmer brings class-action claim over herbicide banned by other nations, What American farmers could gain by rejoining the Asia-Pacific trade deal that Trump spurned, Senate approves proposed constitutional amendment on abortion, Iowa House sends policing bill to Gov. The senator claimed that another farmer had been leasing the facility when the footage was captured. “Given Iowa’s prominent role in animal agriculture, the ALDF and PETA have a strong desire to conduct undercover investigations at facilities in the state,” the plaintiffs have acknowledged in court filings. Why this case is important: Ag-Gag laws like Iowa’s not only violate the U.S. Constitution but also inhibit whistleblowing on factory farms and other agricultural facilities. As Iowa's first two so-called "ag-gag" laws bog down in legal challenges, the Legislature is launching a third. Read More Search for: Follow on FB. A coalition of groups is asking the court to strike down the law preventing access to animal production facilities under false pretenses. Actively or passively, the investigators conceal their underlying motives for seeking employment, as well as their affiliation with any journalistic or advocacy groups. In Idaho, Utah, Kansas, and Wyoming, ag-gag laws have been overturned as unconstitutional. The idea is to expose an abusive, secretive industry that forces millions of animals to live in torturous conditions, she said. Kim Reynolds this week signed into law what appears to be the third version of a so-called “ag-gag” law as the state continues to fight in court for its second version of the law.. The state of Iowa, for violating the U.S. Constitution with its Ag-Gag law. News … ▪ Stories may be edited for in-house style or to shorten. Web. Activists with Direct Action Everywhere captured a photo of an overcrowded pig farm owned by Iowa Sen. Ken Rozenboom. Some of the interference-type ag-gag legislation also criminalizes recording in conjunction with subsequent distribution or dissemination to the public. Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. But what I imagine the judge is doing now is waiting to see how the Circuit Court rules, just to see if he can benefit from their reasoning.”. A federal judge said the law "clearly is a violation" of the First Amendment. For example, Iowa’s ag-gag law prohibits “producing an audio or visual record which reproduces an image or sound occurring on or in the location, or possessing or distributing the record” (I.C.A. There … As organizations like Compassion Over Killing have shown time and again, undercover investigations are the most vital tool we have to shed light A US governor has signed off legislation to prop up controversial “ag-gag” laws in Iowa, just months after a federal court declared them unconstitutional. The investigations the law seeks to prohibit typically involve activists or journalists obtaining a job in a facility through normal channels, and then documenting conditions there with a hidden camera while performing the tasks required of them as employees. The case is being watched closely by agricultural giants, labor unions, dog breeders and animal-welfare organizations around the country. The California-based organization Direct Action Everywhere released an assortment of photos and videos documenting their findings at the lawmaker’s farm, and said one piglet was unable to stand, was gasping for air while thrashing about, and then died as they watched. December 4, 2018 A coalition of public interest groups filed a lawsuit in Kansas challenging the constitutionality of the state’s Ag-Gag law, which makes it a crime to document animal cruelty at factory farms and slaughterhouses. A first conviction was deemed a misdemeanor, where violators could face up to one year in jail. Although some of the lawmakers openly spoke of the need to guard against bioterrorism, Rep. Jared Klein, a Washington County Republican who introduced the bill, said he could not “stand by and allow [Iowa farmers] to be disparaged in the way they have been.” Sen. Ken Rozenboom, a Republican from Oskaloosa, said “agriculture in Iowa deserves protection from those who would intentionally use deceptive practices to distort public perception of best practices to safely and responsibly produce food.”. Court Strikes Down Iowa's 'Ag-Gag' Law That Blocked Undercover Investigations The industry-backed law was enacted after several investigations brought widespread criticism on Iowa… They plaintiffs claim the 2019 law criminalizes labor organizing because some prospective employees might apply for a job with the unstated intent of promoting unionization — a practice that’s protected by federal law — or to document unsafe working conditions, either of which could cause harm to the company. Judge Prevents Enforcement Of Iowa ‘Ag-Gag’ Law. We blogged several times – most recently, on April 24, 2019 – about Iowa’s “ag-gag” law, which makes it a criminal offense to gain employment in … here is simply lies, deception, and intimidation. The American public has a right to know about the horrific conditions on factory farms. Iowa. 2012: n. pag. After years of free speech suppression in Iowa, a federal court has struck down the Iowa Ag-Gag law as unconstitutional. Iowa has introduced three ag-gag laws, the first of which was ruled unconstitutional on First Amendment grounds in January 2019. The Animal Legal Defense Fund and People for Ethical Treatment of Animals — two of the plaintiffs suing over the 2019 law — say that in the years leading up to the passage of Iowa’s 2012 ag gag law, there were at least 10 undercover investigations at farming and slaughterhouse operations in Iowa. Since the law’s passage, there have been zero. Undercover. Since the law went into effect in 2012, no undercover investigations have been conducted. Iowa’s Ag-Gag law has succeeded in hindering free speech and stamping out exposés of the industry. Eds. Animal rights groups say it prevents them from documenting cruel and inhumane practices in such facilities. Food Safety News [Seattle] 1 Mar. Kim Reynolds in June, trespassing at a food operation is an aggravated misdemeanor that carries up to two years in prison and a $8,540 fine. Category: ag gag law. The Iowa law prohibits people from gaining entry into or employment in an agricultural production facility (including, most notably, an animal agriculture facility) under false pretenses. Iowa’s Ag-Gag law criminalizes undercover investigations at a broad range of animal facilities including factory farms, puppy mills, and slaughterhouses, preventing advocates from exposing animal cruelty and environmental, workers’ rights, and food safety violations. In April, New York Times food columnist Mark Bittman coins the term “ag-gag.” 2012: Iowa, Missouri, South Carolina and Utah enact laws affecting undercover investigators’ ability to document agricultural practices. She noted that the Animal Agriculture Alliance, an industry group, has reportedly contacted the FBI and Department of Homeland Security about Project Counterglow. In January, a federal judge stuck down as unconstitutional Iowa’s original ag-gag law, which was passed in 2012 with bipartisan support. Register to vote | Find your precinct/polling place | Find/contact your state legislator | Contact your U.S. representative | Contact your U.S. senator. Richard E. Miller and Kurt Spellmeyer. His 2004 series on prosecutorial misconduct in Iowa was named a finalist for the Pulitzer Prize for Investigative Reporting. The Animal Legal Defense Fund led a coalition of animal, environmental, and community advocacy groups in challenging the constitutionality of Iowa's Ag-Gag law. In March of this year, the State of Iowa became the first state to adopt a recent version of what some have called “ag-gag” laws. The United Farmworkers of America submitted a brief explaining that the Iowa Ag-Gag law compounds pressure on a workforce already facing disproportionate risk of injury, wage theft, forced labor, and sexual abuse and harassment in the work place. “So I don’t think the court anticipates this going all the way to a trial. Iowa Capital Dispatch maintains editorial independence. The Iowa Ag-Gag Law. In 2017, the advocates challenged Iowa’s original “ag-gag” law that was adopted in 2012. "Iowa Approves Nation’s First ‘Ag-Gag’ Law." Krasner’s victory gives momentum to the movement to elect reformist prosecutors, which has faced fierce backlash from law enforcement groups. The legality of Iowa’s controversial “ag gag” law, designed to block undercover investigations at agricultural facilities, could soon be decided by a federal judge. On April 24, 2019, we blogged about Iowa’s latest so-called “ag-gag” law, which is designed to prevent undercover investigations of farms. June 22, 2018. Iowa should be ashamed that it passed a law to shield the crime of animal abuse. The latest bill would create a new crime, “food operation trespass,” for anyone who enters a location without permission where a “food animal” is kept or where meat is sold or processed.
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