Good morning everyone. Read the latest agricultural news and events.Read More
The article is not a substitute for legal advice. See here for the site’s reposting policy.
In 2014, Idaho’s legislature approved the Interference with Agricultural Production law. This law was recently upheld in part and found unconstitutional in part by the Ninth Circuit Court of Appeals. The decision reverses part of a federal district court opinion finding the entire law unconstitutional (Animal Legal Defense Fund v. Wasden). Former Extension legal specialist in AREC, Ashley Ellixson, wrote an overview of the district court’s opinion that you can read here.Read More
Happy Friday everyone. Check out his latest update of news and events.Read More
This post is not legal advice. See the site’s reposting policy here.
Recently, a federal court of appeals reversed a lower court decision involving a data trespass law which Wyoming enacted in 2015. The trespass law created criminal and civil penalties when a person trespassed to collect resource data on private property. The court of appeals concluded that the First Amendment of the U.S. Constitution protected the collection of data and the new trespass law was unconstitutional. While Wyoming’s new trespass law did not directly speak to protecting agricultural operations, many have viewed this law as a form of ag-gag law. As we have discussed before, although it is unconstitutional for states to adopt these laws, producers still have options to protect their operations.Read More
This is not a substitute for legal advice. See here for the site’s reposting policy.
With Ashley gone, it is now my job to discuss ag-gag rulings as courts rule on the on-going challenges to these laws. Recently, the federal district court in Utah found that the state’s ag-gag law violated the First Amendment of the U.S. Constitution (Animal Legal Defense Fund, 2017). Prior to this, the Idaho federal district court had found Idaho’s ag-gag law violated the U.S. Constitution. Idaho is currently appealing that decision before the 9th Circuit Court of Appeals. Although these laws potentially violate the Constitution, producers still have options. In many cases, a producer can work with producer groups to conduct audits on the operation to determine that current practices are up to date, employees have the proper training and tools, do background checks before hiring new employees, and use employment contracts and employee handbooks to help limit many of the issues that ag-gag laws are designed to address.Read More
Good morning everyone. This is the latest update on news and events.Read More
Good morning everyone. Here is the weekly synopsis of news and events!Read More
Back in September I wrote about farm protection laws. In case you missed that post, farm protection laws, or “ag gag” laws as they are referred to by activists, generally criminalize the undercover investigation of agricultural operations, no matter the intent of the individual. Some states’ laws require that the individual have the intent to damage the business, while other farm protection laws do not. One of the underlying themes to many of the farm protection laws is deterring dishonest employees or employment that has ulterior motives. For example, an activist applies for a job at a poultry facility but actually privately films activities that go on in the day-to-day operations. This would be an instance that farm protection laws aim to prevent or hinder since it undermines the business. Even though Maryland does not have a farm protection law, there are other ways to be proactive in protecting the integrity of your operation.Read More