Does Every Animal Count? Not in California
Posted by Scott Heiser, Director of ALDF's Criminal Justice Program on April 24, 2015
120 Day Sentence Handed Down for Killing Over 900 Chickens with a Golf Club
Last fall, ALDF offered a $5,000 reward in a shocking case of animal cruelty: in California’s Central Valley, four killers broke into a Foster Farms facility through a hole in the fence and used a golf club and other weapons to massacre more than 900 chickens. The bloodbath occurred early in the morning hours of September 20 in Caruthers, just south of Fresno. However, law enforcement solved this case without resort to the reward offer. The fruits of the investigation ripened on April 15, when Gabriel Quintero, who was 18 years old at the time of the crime, was sentenced to 120 days in jail after pleading no contest to one count of felony animal cruelty and one count of second-degree burglary. The other three offenders (all males under the age of 18), face similar charges in juvenile court, where the proceedings are confidential and not subject to public scrutiny.
The depths of depravity required to beat 925 chickens to death with multiple blows from blunt instruments is difficult to comprehend—think about how long it would take to kill that many birds, even with four assailants swinging away madly. Despite the fact that these chickens were slated for later slaughter, animal cruelty in California is a serious criminal offense, and we applaud the Fresno County District Attorney for filing this case. The good work of the DA’s office notwithstanding, some might be tempted to ask: If 920 birds were killed, why was there only one charge of animal cruelty?
Under existing law, California Penal Code § 597(a), any person convicted of maliciously and intentionally maiming or killing an animal can be imprisoned for up to three years in county jail and/or fined $20,000 for felony animal cruelty. Further, California Penal Code § 597(f) expressly states that each animal harmed qualifies as separate offense. However, this sound public policy of recognizing each individual animal as a separately actionable crime only applies to endangered animals and omits both pets and animals used in food production, like chickens.
This flaw in § 597(f) is, in large part, why Quintero faced only one count of animal cruelty (there are other reasons as well, related to the application of California Penal Code § 654 and the “same act or omission” rule). The limited scope of § 597(f) accentuates our legal system’s failure to count each abused animal as a separately actionable victim. We at ALDF believe that every animal counts.
States like Florida and Oregon have already seen the light. With your help, we can change the law in California and other states with a similar rule. Please join the Animal Legal Defense Fund in demanding stronger sentences for animal cruelty crimes by signing our “Every Animal Counts” petition. By doing so, you’ll help ensure prosecutors have the tools they need to secure more meaningful sentences.
Legally Brief: 5 Ways ALDF Is Challenging Factory Farming of Animals
Posted by Stephen Wells, ALDF Executive Director on April 23, 2015
Factory farms, where animals are raised for production of meat, eggs, and dairy, are the cause of unimaginable suffering for billions of animals in the U.S. each year. They are also a major contributor to climate change and air and water pollution. Yet factory farms are routinely exempted from regulations for animal care and environmental protection.
Here are 5 ways the Animal Legal Defense Fund is challenging factory farming’s free ride:
- Ag gag – Ag gag laws criminalize the documentation of animal abuse on factory farms. They don’t try to stop animal abuse—they try to stop the reporting of animal abuse, which would hurt the industry’s bottom line. ALDF and a broad coalition of public interest groups have filed landmark constitutional challenges to these statutes that gag free speech in Utah and Idaho.
- Antibiotics – Because of the intensive confinement and filthy conditions on factory farms, the industry recklessly doses animals with antibiotics before they get sick. But this “sub-therapeutic” dosing of animals is linked with the proliferation of “superbugs”—antibiotic resistant bacteria that pose one of the greatest health threats of the 21st century. Currently factory farms aren’t even required to label meat products to let consumers know they’re consuming potential superbugs—that’s why ALDF has petitioned the USDA to require mandatory labeling.
- Greenhouse gases – Animal agriculture is a significant contributor to climate change—that’s an incontrovertible fact established by the International Panel on Climate Change (IPCC) and the United Nations. Yet, unlike the energy and transportation industries, factory farms aren’t required to limit greenhouse gas emissions. That’s why ALDF filed a first-of-its-kind petition calling on the California Air Resources Board to regulate greenhouse gas emissions from factory farms.
- Ractopamine – Despite being banned or restricted by the European Union, Russia, China, and 100 other nations, ractopamine is permitted in U.S. animal feed. Use of the drug, which speeds animal growth to slaughter weight, is cruel to animals and dangerous to humans. ALDF and the Center for Food Safety have petitioned the Food and Drug Administration to reduce ractopamine use.
- Water – As California instigates emergency water restrictions for individuals during its historic drought crisis, factory farms, by far the largest users of water, face no new restrictions. Even though a tiny fraction of consumptive water is used by urban water users, we were asked to cut our water use by 25%. Factory farms that drain nearly half of California’s consumptive water use have not been compelled to restrict their water use one iota. ALDF will petition the State Water Resources Control Board to ensure that they do.
5 Reasons to Eat for the Planet This Earth Day, 2015
Posted by Jennifer Molidor, ALDF Staff Writer on April 22, 2015
April 22 is Earth Day—a day celebrated around the world—and reminds us to care for the planet we all share. Here are five reasons all animal lovers should “Eat for the Planet” (OneGreenPlanet’s campaign) starting today.
- Animal Agriculture Is Killing Our Planet. Industrial-scale agriculture, (the factory farming of animals for food) not only harms the billions of animals we slaughter annually in the U.S. alone, and frequently leads to violations of federal and state anti-cruelty and environmental laws, is also one of the top contributors to climate change. As our population surpasses 7 billion people, cutting animals out of our diets can help save the planet.
- Eating Animals Can Make Us Sick. From salmonella to superbugs, do you know what’s in the food you eat? The Animal Legal Defense Fund is leading the fight against factory farms with lawsuits over misused antibiotics in meat that can lead to antibiotic-resistant bacteria, ractopamine added to animal feed, cruelty in force-fed foie gras, and dishonest marketing in supposedly “humane” meat and eggs that are anything but humane, as well as bullying from inhumane producers.
- Dolphin Safe Tuna Isn’t Safe for Anyone. Commercial fishing destroys marine ecology. Even tuna companies that claim to use “sustainable” fishing practices are still killing not only tuna but dolphins and countless non-target animals including whales and endangered turtles. You can sign ALDF’s petition to boycott tuna producers.
- Predators Are Crucial to Ecosystems. Wolf hunting and coyote killing contests hurt more than just the individuals shot as “trophies.” Reckless killing of pack-members can destroy family systems and disrupt entire ecosystems. What’s more, studies show that most livestock that die before slaughter are killed by disease, not predators.
- Better Animal Laws Means a Better Planet. Protecting the interests of nonhuman animals means setting a standard of care for our shared environment! Protecting animals means we must also protect the earth, and not destroy the wild lands used by wild animals. More people eating more eat means less room for wilderness and wildlife. Did you know in the last 50 years 50% of wild species have been extinguished? Animal agriculture is a leading cause of the sixth major extinction crisis in the history of the planet.
How will you celebrate Earth Day?
- Join in events like One Green Planet’s #EatForThePlanet campaign today, which are crucial in building awareness around sustainable food choices.
- Speak out for farmed animals who are almost entirely unprotected by federal laws, and have no one but us to speak for them.
- Check out ALDF’s Cruelty-Free Resource Guide for great ways you can eat delicious cruelty-free meals that leave a light carbon footprint on our Earth.
- Purchase ALDF’s Farmed Animals & the Law brochure for tabling and advocacy events.
- Encourage coworkers and classmates to celebrate Meatless Mondays.
- Read ALDF’s review of James McWilliams’ brand new book The Modern Savage: Our Unthinking Decision to Eat Animals.
- Sign ALDF’s petition to Stop Ag Gag and protect animals and our First Amendment rights.
- Hug a cow: volunteer at a farmed animal sanctuary—good for the animals, good for you!
Chicago Animal Law Symposium
Posted by Chelsea McFadden, Chicago SALDF regional representative and vice president of the John Marshall School of Law SALDF chapter on April 17, 2015
On Saturday, April 4, over 70 law students and animal advocates came together to attend the first symposium of the Student Animal Legal Defense Fund’s (SALDF) Chicago regional network. At this cutting-edge event, top experts discussed hot button issues like “ag gag” laws, the Animal Enterprise Terrorism Act, contemporary issues in Illinois animal law, the convergence of food safety law and animal protection, and the problem of police shootings of companion animals. This student-organized event took place at the Chicago-Kent College of Law and was generously sponsored by the Animal Legal Defense Fund and made by possible by the collaboration of SALDF Chapters at Chicago-Kent College of Law, The John Marshall Law School, DePaul University College of Law, Northwestern School of Law, and the University of Chicago Law School.
The day’s presentations began with a moving keynote address by Anna Morrison-Ricordati, animal law attorney at AMR Law Group. She discussed social perspectives on the relationship between humans and nonhuman animals. This was followed by a lively and interactive discussion of legislative efforts to oppose the efforts of animal advocates through ag gag laws and the Animal Enterprise Terrorism Act (AETA). Odette Wilkens, executive director of the Equal Justice Alliance, explained how the Animal Enterprise Terrorism Act (AETA) labels a wide range of legal activism as “terrorism” and the dangerous chilling effect this has on law-abiding animal advocates. Chris Green, ALDF’s director of legislative affairs, followed with a discussion of how ag gag laws aim to control our behavior by instilling fear of prosecution and intimidating people from gathering evidence of animal abuse on factory farms.
Other presentations included one by Cherie Travis, assistant general counsel for the Cook County Sherriff’s Department, who discussed the tragic problem of dog shootings by police, particularly in Chicago. Cherie discussed the work she does training Illinois police officers, in order to prevent the use of nonlethal force against dogs. Diane Balkin, contract attorney for the Animal Legal Defense Fund, then discussed this issue at a national level and important new legislation aimed at preventing shootings of companion animals by police.
Great presentations followed by Anna Morrison-Ricordati, Carney Anne Nasser, legislative counsel for the ALDF, Chris Berry, ALDF staff attorney, and Kelsey Eberly, ALDF Litigation fellow.
The symposium also included screenings of the new documentary, The Ghosts in Our Machine, which illuminates the lives of individual animals living within and rescued from the machine of our modern world through the heart and photographic lens of animal rights photojournalist Jo-Anne McArthur.
At the end of the day, symposium attendees were armed with new knowledge and new connections in the Midwest, a region where it can be difficult to advocate against factory farming interests. The day’s presentations inspired attendees to get involved in areas where animals desperately need our voices, and provided a foundation for effectuating meaningful change for animals.
5 Ways to Stay Involved in Animal Law after Graduation
Posted by Kelly Levenda, Staff Attorney on April 17, 2015
Congratulations to all those law students graduating this semester! As you move into the next phase of your life, you may be wondering how you can remain involved in the field of animal law and animal protection as a new graduate. Here are the top five ways to stay active in animal law!
- Celebrate your dedication to animal law and your school’s SALDF chapter with an ALDF lapel pin and graduation cord to wear during your graduation ceremony! Order your SALDF Graduation Packet now.
- ALDF offers new graduates a free one year attorney membership in ALDF’s Animal Law Program. The Animal Law Program works closely with law students and law professionals to advance the emerging field of animal law. We do this by assisting bar association members interested in forming animal law bar sections or committees and partnering with pro bono coordinators interested in developing animal law volunteer opportunities at their firms.
- We also invite you to join our Volunteer Attorney Network! The support of legal professionals nationwide is integral to helping ALDF protect the lives and advance the interests of animals through the legal system. ALDF uses volunteer attorneys to work on a variety of projects including legal research, writing legal information guides, filing amicus briefs, litigating cases, and assisting prosecutors with animal cruelty cases. Furthermore, ALDF utilizes its pro bono attorneys to assist with public inquiries involving animals.
- Sign up for the ALDF Animal Law Professional eNewsletter! The eNewsletter includes news, events, and continuing education and employment opportunities relevant to attorneys interested in animal law. (To join, select “Law Professional Newsletter” on the sign up page.)
- If you are job hunting, make sure to check out our career advice for aspiring animal attorneys and the ALDF Employment and Fellowship pages, where we post current employment opportunities at various law firms and nonprofit organizations across the country.
Good luck on the bar exam and in this next stage in your career!
A Minor Setback to Oregon’s “Every Animal Counts” Rule
Posted by Scott Heiser, Director of ALDF's Criminal Justice Program on April 6, 2015
When animals are neglected or abused, even in large groups, each animal suffers individually. That’s why ALDF has long praised a 2012 Oregon appellate court decision holding that “every animal counts” for sentencing purposes. Under this rule, abusers will be held accountable for every animal they harm. It is judicial recognition of animals as more than mere property, and it is especially important when it comes to hoarding and dogfighting cases. Unfortunately, this rule was vacated in March—but the fix is coming down the pike for animals in Oregon very soon.
Prior to March of this year, it was settled law in Oregon that a trial court, in sentencing an offender who has been convicted of abusing multiple animals, may not merge (aka consolidate) those individual convictions. Rather, the defendant is subject to sentencing on each count involving each animal. The reason for this rule? Under Oregon law, each animal qualifies as a separate victim and crimes involving separate victims shall not be merged. Both the Oregon Court of Appeals and the Oregon Supreme Court so ruled in State v. Nix. The holding that animals qualify as victims was and remains a significant development in the law that has historically treated animals as property.
However, due to a technical jurisdictional defect related to the state’s right to initiate an appeal of a sentence imposed in a misdemeanor case, on March 5, the Oregon Supreme Court vacated both Nix opinions. While this is certainly bad news, it is important keep three key points in mind:
(1) The court vacated the prior two rulings on procedural grounds that had nothing to do with the merits of the merger argument;
(2) The original two Nix opinions are, at their core, statutory construction cases and the rules and analysis employed in reaching the conclusion that animals qualify as victims have not changed one iota;
(3) While trial judges are no longer required to follow the holding in the original Nix opinions, most judges should be able to read the writing on the wall—when the next case raising this issue (minus the jurisdictional issue) is decided (and that case is already in the pipe), it is extremely likely that the Court of Appeals will reach the same conclusion as it did the first time—that animals qualify as victims. Consequently, during this interim period, defendants convicted of abusing multiple animals should not have much (if any) success in attempting to circumvent the “every animal counts” rule.
As noted by the Court of Appeals in its 2012 Nix opinion, by enacting Oregon’s animal cruelty code, the legislature’s primary concern was to protect individual animals as sentient beings, rather than to vindicate the more generalized public interests in their welfare. That conclusion is even more readily reached now, given this language from SB 6, enacted a full year after the Court of Appeals decided Nix:
“The Legislative Assembly finds and declares that: (1) Animals are sentient beings capable of experiencing pain, stress and fear; (2) Animals should be cared for in ways that minimize pain, stress, fear and suffering; (3) The suffering of animals can be mitigated by expediting the disposition of abused animals that would otherwise languish in cages while their defendant owners await trial[.]”
There are no sound arguments justifying a different conclusion in the next case. As such, the Oregon Supreme Court’s decision to vacate Nix due to a jurisdictional defect is, in the practical terms, only a delay in the full implementation of Oregon’s “every animal counts” rule. Stay tuned for updates once the next case is decided.
Catch Comedian Stephen Sorrentino Live in Sonoma County and Support ALDF
Posted by Dale Thompson, Development Associate on April 4, 2015
Join us April 17 at a benefit show for the Animal Legal Defense Fund, hosted by comedian Stephen Sorrentino.
Where: The new Graton Casino Resort in Rohnert Park, California.
When: Friday, April 17 at 9pm.
For Tickets: $25 per ticket – each dollar goes to support ALDF’s work to protect animals!
Before becoming a famous comedian, actor, and impressionist, Stephen Sorrentino grew up on his family’s horse ranch on Long Island, New York, where his grandfather raised thoroughbreds. Being around the dogs and horses made him an animal lover and advocate from day one. “As a child, and even more so today, I feel a strong connection to all animals because you can look into their eyes and see so much kindness. They trust us, and we have an obligation to return that kindness by taking care of them,” he says.
The desire to defend animals extended to the times his father tried to take him hunting. “It all seemed so wrong to me,” Stephen says. He would throw rocks in the bushes where he heard the deer to scare them off. This saved their lives–but did not en-“dear” him to his dad.
“I believe that in order for animals to be treated well, there needs to be systematic changes to protect them through the law,” Stephen explains. His award-winning show features 180 signature impressions, music, and humor. Tickets can be purchased through Ticketmaster, and all proceeds will go to ALDF.
If you can’t make the performance, stay tuned for Stephen Sorrentino’s upcoming reality show that will work to expose animal abuse. The show will shed light on animal cruelty, and remind people of their responsibility to provide animals with the love and compassion they deserve.
We hope to see you April 17!
Customary Cruelty in the Farm Industry: When Animal Abuse is Legal
Posted by Kelly Levenda, Staff Attorney on April 3, 2015
You would never keep your companion animal in a wire cage for her entire life, remove her tail with heated scissors, or kill her by smashing her head on the ground. But farmed animals suffer these abuses every day. Why is this conduct not illegal?
Farmed animals have very little legal protections from cruel treatment. Most state criminal anti-cruelty laws that seek to prohibit unnecessary animal suffering exempt all “customary farming practices.” These customary farming practices are not defined by the legislature, but are practices that the animal agriculture industry commonly uses when raising animals as food. This means essentially that lawmakers allow the industry to police itself, by deciding what practices are common, and therefore legal.
I studied animal science at a top agricultural science university in preparation for attending veterinary school (but I eventually attended law school to study animal law!) During my time as an undergraduate student, I experienced how agricultural science students are taught to raise animals, and I was appalled by what I learned and saw (which included many of the practices described below). I think you would also be appalled at the practices deemed common in the animal agriculture industry.
Intensive confinement of farmed animals is customary. Mother pigs are confined indefinitely in gestation and farrowing crates so small that they cannot turn around or lie down comfortably. Hens are confined in wire battery cages, where they cannot stretch or flap their wings. Calves raised for veal are kept for their whole, short, four-to-five month lives individually tied in stalls where they are unable to turn around. Animals suffer extreme mental distress and physical abuse when they are forced to live their lives in intensive confinement.
Farmed animals commonly have their bodies mutilated without being given pain-relieving drugs or anesthesia. Producers castrate male animals by slicing open their scrotum and ripping their testicles out. Cows’ and pigs’ tails and chickens’ beaks are cut off using a heated scissor-like tool. Cows and sheep have their horns removed by a hot iron, caustic chemicals, or a knife. Many farmers brand their animals for identification using a hot iron to burn an animal’s skin and cause a second or third degree burn. These bodily mutilations cause animals immense pain.
The “euthanasia” of farmed animals is routine in the animal agriculture industry. Male chicks, who are considered a waste product of the egg industry, are dumped, fully conscious, into meat grinders and piglets are killed by smashing their skulls on the ground.
Calves born to cows used by humans for their milk are dragged away from their mothers immediately after they are born. This forceful separation is traumatic and causes severe stress for both the mother and calf. Mother cows will frantically search and call for their babies.
Because these practices are commonly used by the animal agriculture industry, they are often legal in the eyes of the law. The Animal Legal Defense Fund fights for more effective laws to protect farmed animals, and to enforce the few weak laws that do exist. If you are an attorney, you can join our fight by joining the Animal Legal Defense Fund’s pro bono network. If you are a student, you can bring awareness to these issues by volunteering at a farmed animal sanctuary or implementing Meatless Mondays in your cafeteria. If you don’t support these practices, stand up for farmed animals by adopting a compassionate, plant-based diet.
The Friendly Faces of Farmed Animals
Posted by Jennifer Molidor, ALDF Staff Writer on April 3, 2015
Today’s Speak Out for Farmed Animals challenge is to share the cutest picture of a farmed animal on social media! Don’t forget to use the tag #SpeakOut!
Animal advocates are rarely born. Our concern for other animals is natural, but over the years, social norms and customs that don’t consider animals’ interests take over. For most of us, we were raised thinking the exploitation of animals, particularly farmed animals, is normal.
This was the case for my brother and me. We loved dogs and cats and horses and rabbits with abandon, as children. Added to that, I always loved wolves and coyotes, chimpanzees, and gorillas. And I had an affinity for the whole animal world, from prehistoric dinosaurs to the farmed animals I saw around me in the heart of California’s dairy farms. I stopped eating animals at the age of 20, when I put the pieces together. Only later did I learn about the devastating environmental impact and health nightmares caused by animal agriculture.
But my brother’s story was different—and perhaps even more common. For years, he watched his big sister advocate for animals, and when it came to working with dogs, he supported me. As a professional athlete, he began to consider a plant-based diet after learning about the health benefits of cutting out saturated animal fats, and foods laden with GMOs, antibiotics, and other chemicals necessary to contain the spread of disease that always lingers in industrial animal agriculture. After a few years, he started to get really mad about the environmental impacts of animal agriculture on the planet, especially after he learned about ag gag laws that infringe on our constitutional rights.
Always an animal lover himself, things really clicked together when he had children. What messages did he want to pass along to his progeny about compassion and how to be in the world with others? If the family loved the dog so much—a sweet pit bull named Mary—and could never bear to see her suffer, why should compassion end there?
Since then, my brother has become an animal advocate, and I’m proud of him and his children. He recently took his young family to a local animal sanctuary called Animal Place, located in Grass Valley, California. They spent time petting cows and pigs and learning about hens and their highly social behavior. The challenge was, after seeing these animals as individuals as colorful and alive and sentient as their pup, could they eat animals again? The answer was a resounding “no.” He posted that challenge on Facebook and asked people who consume animal products, merely because it is what they’ve always done, to visit an animal sanctuary and see if that impacts the way they view animals and the choices they make about contributing to the industry that by the sheer numbers causes the most animal suffering bar none.
We have some other great stories about happy, rescued farmed animals from ALDF staff:
- Read ALDF Founder Joyce Tischler’s story about turkeys and Farm Sanctuary.
- Read ALDF Senior Attorney Matthew Liebman’s story about Farm Sanctuary’s Country Hoe Down.
- Read ALDF staff Kelly Levenda and Nicole Pallotta’s story about the Wildwood Farm Sanctuary.
Share your cute photos of “farmed” animals on ALDF’s Facebook and Twitter and Instagram! #speakout
Breeding Facility Forces Illegal, Gruesome Surgeries on Pregnant Monkeys at Florida Compound
Posted by Kelsey Eberly, ALDF Litigation Fellow on April 2, 2015
In experiments that sound straight out of the dark ages, Hendry County, Florida’s Primate Products, a monkey-breeding facility supposed to be restricted to breeding monkeys, has instead been performing crude surgeries on pregnant animals for profit. The whistle on these horrifying and illegal mutilations has been blown by former Primate Products vet tech David Roebuck. In a local news station exposé, Roebuck alleged that workers at the facility—not licensed veterinarians trained to perform surgeries—were cutting fetuses out of pregnant monkeys so that the company could sell the dead fetuses and the lactating mothers’ milk to pharmaceutical companies.
Roebuck, who quit in disgust after just two days, saw deep freezers filled with the dead fetuses’ freeze-dried organs. He reported that Primate Products had contracts with several biopharmaceutical companies to sell the organs and milk.
Hendry County is ground zero in ALDF’s legal battle on behalf of local residents demanding public input before yet another primate compound goes up in their backyards. In 2014, the county improperly shut landowners and citizens out of the decision-making process, in violation of Florida’s Sunshine Law, when it approved the construction of a new primate facility behind closed doors. The county argues that, like Primate Products, the facility known only as “SoFlo Ag” qualifies as “agriculture” and thus, requires no public notice or meeting under County zoning rules.
Hendry County is poised to address Primate Products’ disturbing departure from the zoning code this week. But it begs the question, does primate organ harvesting at a compound servicing the biopharmaceutical industry sound anything like “agriculture” to you? ALDF and concerned residents emphatically say, “NO!”
Despite growing public outrage and objections from local leaders, Hendry County has never addressed residents’ concerns regarding SoFlo Ag’s threats to their safety, public health, property values, and the character of their neighborhoods—threats worsened by the recent news of a biohazard breach involving the spread of deadly bacteria at another high-security federal primate compound in nearby Louisiana.
Hendry County’s flimsy promise to citizens that no research will be conducted at the SoFlo Ag facility rings hollow in light of the Primate Products revelations. If the County doesn’t even know what is going on at its oldest and most established primate “breeding” facility, what assurance can residents have that it is equipped to police the activities of a shadowy shell company whose owners’ true identity is apparently unknown even to county officials, let alone to the neighbors who would be forced to live next door to SoFlo Ag’s new monkey compound?
And organ-selling or not, these facilities are not agriculture and do not belong in the backyards of quiet rural communities. ALDF will be further investigating Primate Products’ horrific and cruel activities, and will continue to fight on behalf of local residents for transparency about what’s really going on with innocent animals in their own backyards.
Legally Brief: ALDF Leads the Way in Farmed Animal Litigation
Posted by Stephen Wells, ALDF Executive Director on April 2, 2015
Over the years, ALDF has filed some of the most innovative lawsuits in history against the animal agricultural industry. During ALDF’s Speak Out for Farmed Animals Week, I’d like to share some of our greatest hits in litigation aimed at protecting farmed animals from harm and changing the laws that allow the horror of factory farming to continue.
Here are highlights:
- Just today, ALDF sent a formal request to federal agencies under the federal Freedom of Information Act, seeking records regarding the data used to form the National Action Plan for Combatting Antibiotic-Resistant Bacteria. ALDF is concerned there was inadequate study of the abuse of antibiotics by animal agriculture, which has been linked with antibiotic-resistant “superbugs.” This follows our 2013 petition to the USDA to properly label meat and poultry from animals fed dangerous sub-therapeutic antibiotics.
- March 2015: California appellate court rejects Napa restaurant’s attempt to flout foie gras ban and further establishes that animal advocates have legal standing to stop violations of the law.
- October 2014: ALDF files first-of-its-kind petition for rulemaking with the California Air Resources Board, calling on that agency to regulate greenhouse gas emissions from factory farms, as it does for the energy and transportation industries.
- March 2014: ALDF and a broad-based coalition of public interest groups file a lawsuit against the state of Idaho, challenging the constitutionality of its ag gag statute. This lawsuit—and the nation’s first lawsuit challenging an ag gag law, against the state of Utah—has survived every motion to dismiss, and a decision is forthcoming.
- February 2014: ALDF wins a victory for hens and for consumers by successfully settling a false advertising lawsuit against a Bay Area egg producer. As a result, the producer changes its misleading advertising and pays $44,000 split equally between the Sonoma Humane Society, Public Justice Foundation, and Consumer Action.
- August 2013: ALDF successfully settles its landmark false advertising lawsuit against the largest foie gras producer in the nation, leading the company to remove “humane” descriptions from its products, and extends standing for animal advocates and humane producers to bring lawsuits.
- July 2013: ALDF’s lawsuit against a California restaurant for violating the ban on force-fed foie gras moves forward when the court agrees with ALDF’s position, affirms the merits of our case, and denies the restaurant’s anti-SLAPP motion.
- July 2013: Tyson Foods makes substantial changes to its website after ALDF submits a complaint to the Federal Trade Commission challenging Tyson’s deceptive animal welfare claims.
- July 2013: ALDF sues Cal Expo and the University of California for mistreating pregnant and nursing pigs at the California state fair. An appeal is filed in February 2014.
- December 2012: ALDF, along with Center for Food Safety, files a petition with the Food and Drug Administration calling for an immediate reduction in allowable levels of ractopamine, a dangerous and controversial animal feed additive which is already banned or partially restricted in nearly 160 countries, including China, Russia, and all the nations of the European Union.
- June 2012: ALDF and Compassion Over Killing lawsuit settlement shuts down the abusive Santa Cruz-based Cal-Cruz Hatchery. The settlement marks the first time animal cruelty issues are resolved using California’s Business and Professions Code.
- May 2012: ALDF files historic lawsuit on behalf of three animal sanctuaries in the largest farmed animal rescue in California history, after Turlock-based A & L Poultry abandoned 50,000 hens without food and left them to die. This lawsuit is successfully settled in 2014.
- May 2012: ALDF and coalition file a lawsuit in the U.S. District Court in Los Angeles against the USDA for violating the federal Poultry Products Inspection Act by allowing the sale of adulterated poultry in the form of foie gras. The case would end foie gras production in the U.S., and is currently on appeal with the Ninth Circuit.
Want to support ALDF and cutting-edge lawsuits like these?
- Join the more than over 40,000 people who have signed ALDF’s petition, Protect the Right to Free Speech: Stop Ag Gag, and share on social media!
- Sign a Change.org petition demanding that meat from animals fed antibiotics be clearly labeled.
- Become a member of ALDF and help us fight for justice for farmed animals.
The Modern Savage: Our Unthinking Decision to Eat Animals
Posted by Jennifer Molidor, ALDF Staff Writer on April 1, 2015
James McWilliams’ new book, The Modern Savage: Our Unthinking Decision to Eat Animals, is an ethical consideration of the reality of animal agriculture. And the reality is cruelty to animals exists on smaller, so-called “humane” farms as well as on industrial-scale “factory farms.” Compassionate omnivores may wish to believe otherwise—and that desire is targeted by phrases like “cage-free,” “free range,” “grass-fed,” “local,” “organic,” “sustainable,” which are co-opted by the animal ag industry. These labels deceive conscientious consumers and reinforce the dominance of the industry, rather than undermine it. The Modern Savage challenges these notions about eating animals at a fundamental level.
Researching and writing about contemporary food trends for 10 years, Professor McWilliams has seen a groundswell of resistance toward industrial animal agriculture. “That’s a positive development,” he explains, “but to really take on the industry you have to take on the idea of eating animals.” McWilliams is a professor at Texas State University, San Marcos, and has a Ph.D. in history from Johns Hopkins University. He is a long-time journalist and runs the acclaimed blog Eating Plants.
McWilliams explains that people buy into the hype of sustainable alternatives through slick “greenwashing” marketing campaigns. A recent commercial series from McDonald’s, “Loving is Local,” waxes nostalgic, using the backdrop of Petaluma, California, a historic town near ALDF’s national headquarters. Images of quaint small-town life, a shopkeeper sweeping his sidewalk, and rolling green hills, promote McDonald’s’ colossal-scale corporate produced animal products. Yet McDonald’s is the antithesis of local: the franchise sells animal products trucked in from thousands of miles away, and boasts of serving “billions” around the world, with twice as many outlets outside the U.S. as within.
The sustainable movement’s mythology also “allows for favoring soil over sentience,” McWilliams notes. “These sustainable ideas are in no way radical because they won’t make the radical leap of taking on animal agriculture. What they become is a marketing arm for industrial agriculture.”
The Modern Savage turns Michael Pollan’s famous work The Omnivore’s Dilemma on its head. Instead, James McWilliams refers to the “omnivore’s contradiction.” How is it, he asks, that advocates of so-called “humane” meat “justify on the one hand the restructuring of agriculture to accommodate an animals’ interests and then on the other hand slaughter the animal?”
In this way, The Modern Savage lodges a fatal blow at smaller-scale farms and backyard butchering. Amateur farmers can be incompetent, and McWilliams presents horrific evidence of botched slaughters.
One of the most dramatic examples is adopting pigs as pets while voicing a fetish for bacon. “This cognitive dissonance obscures the obvious moral contradiction,” McWilliams says. Another example is the terminology used to describe bunnies: “pet” rabbits and “meat” rabbits. “We use language to create false dichotomies and fool ourselves with our own rhetoric. It’s inconvenient to question that.” But, “when it comes to raising animals as food, this means turning an emotional being into an object.”
McWilliams is one of several plaintiffs in the Animal Legal Defense Fund’s groundbreaking lawsuit against the state of Idaho’s unconstitutional ag gag statute. This law aims to prevent the documentation of illegal animal abuse on factory farms, and exposés by investigative journalists like McWilliams. In fact, that transparency—so feared by the industry—is what compassionate consumers want most.
Want to read more of The Modern Savage? Enter ALDF’s free giveaway contest by filling out this form—two lucky winners will be chosen at random to receive a copy of this book along with some ALDF goodies!
Keep the conversation going, and share your questions and comments on Goodreads!
Speak Out for Farmed Animals in Your Community
Posted by Jennifer Molidor, ALDF Staff Writer on April 1, 2015
Want to speak out for farmed animals directly to your community? Letters to the editor are a powerful way to make your voice for heard within your larger community. These letters are one of the most widely-read sections of the newspaper. Elected officials often take notice of public opinion.
Visit ALDF’s Letter to the Editor Action Center—our personalized online resource helps you easily connect with local newspapers in your area!
For example, ALDF Executive Director Stephen Wells, wrote a letter to the editor about the U.S. Department of Agriculture’s failure to regulate slaughterhouses that appeared in a local paper.
EDITOR: As noted in Tuesday’s paper, the U.S. Department of Agriculture has refused to respond to reports of an intimate relationship between a USDA inspector and a Petaluma slaughterhouse employee (“Answers sought in Rancho closure”). Early this year, federal regulators ordered a nationwide recall of 8.7 million pounds of beef from the Rancho Feeding Corp., and they shut the facility down in February. Although Reps. Mike Thompson, D-St. Helena, and Jared Huffman, D-San Rafael, have called on the USDA to provide answers, the agency is using the cover of “pending investigation” to shroud itself in secrecy.
Unfortunately, the animal agriculture industry regularly colludes with government agencies including the USDA to hide operations from the public. Meanwhile, the understaffed USDA often fails to enforce the law, putting the public at grave risk. That’s why the Cotati-based Animal Legal Defense Fund, supported by a broad coalition of public interest groups, filed the nation’s first lawsuits against state “ag gag” laws (in Idaho and Utah) that silence whistleblowers on factory farms and slaughterhouses. The industry talks about transparency while shutting the public out at every opportunity. Taxpayers deserve some answers.
Executive Director, Animal Legal Defense Fund
If you’d like to speak out for farmed animals, here are suggested topics to consider:
- Encourage your community, workplaces, and schools to try Meatless Mondays.
- Raise awareness in your community about the dangers of ag gag.
- Encourage your legislators to pass expansions of the Humane Methods of Slaughter Act.
- Challenge notions of “humane” meat and backyard farming with crucial facts.
- Encourage lawmakers to hold food producers accountable to truth-in-advertising.
- Volunteer at a farmed animal sanctuary in your area and share your story!
- Ask your legislators to make sure agencies regulate air and water polluted by factory farms.
Working Together to Combat Factory Farming: ALDF’s Los Angeles Animal Law Symposium
Posted by Nicole Pallotta, ALDF Student Programs Coordinator on March 31, 2015
On Saturday, March 28, more than 150 attorneys, law students, and animal advocates came together to attend the first symposium of the Animal Legal Defense Fund’s Los Angeles regional attorney network, where top experts discussed legal and grassroots strategies to challenge the harmful impacts of factory farming on animals, humans, and the environment. The sold-out event took place at the University of Southern California Gould School of Law, and was co-hosted by USC’s Student Animal Legal Defense Fund (SALDF) chapter.
The day began by addressing the suffering of animals in factory farms; with almost every natural instinct denied to them, these sensitive, sentient beings experience what ALDF director of litigation Carter Dillard called “psychological torture.” And the torment is not only psychological: customary farming practices, exempt from most anti-cruelty laws and defined by the industry itself, involve mutilating animals’ bodies with no pain relief. No federal laws govern the conditions in which farmed animals are raised.
After Pamela Hart, ALDF Animal Law Program director, gave an overview of these practices, Carter spoke about ways to combat common hurdles to using litigation on behalf of animals in factory farms. ALDF director of legislative affairs Chris Green gave an update on anti-whistle-blower ag gag legislation and other relevant federal and state laws.
Next, ALDF manager of investigations TJ Tumasse spoke of the routine abuse he witnessed as an undercover investigator in factory farms and slaughterhouses, being sure to remind the audience that the abhorrent treatment he saw every day represented the inherent cruelty of the industry, rather than the actions of a few “bad apple” workers (although he also witnessed individual acts of cruelty against helpless animals all too often). When he talked about newborn piglets entering the world “in a state of what could only be described as jubilation,” only to have their world shortly dissolve into terror and pain upon meeting their first human, many were fighting back tears.
Still drying my tears, I found Beyond Meat CEO and co-founder Ethan Brown’s keynote presentation inspiring and uplifting. He talked about his company’s mission to use technology and innovation to help animals by creating better plant-based “meat” products that will revolutionize the future of food and replace animal agriculture. With investors like Bill Gates, Beyond Meat’s future—and the possibility of animal-free meat products that will save animals, the environment, and our health—looks bright.
Afternoon panelists addressed the environmental devastation caused by factory farms, human health risks posed by food borne pathogens and overuse of antibiotics, and possible avenues to effect positive change on both these wide fronts. Investigative journalist Will Potter closed the day with a keynote address about his mission to inform people of the reality of factory farms—compared to persistent cultural myths about farming—through his reporting. A networking reception followed the symposium, allowing attendees (which included student representatives from at least 10 different SALDF chapters) to continue the conversation.
Attendees left the symposium armed with new knowledge, strategies, and connections, and we look forward to having more events like this in the future. One of the most important messages of the day was that various constituencies can, and must, work together to combat factory farms. Due to the vast scope of the problem and its wide-ranging impacts, a multi-pronged and collaborative approach is absolutely necessary to dismantle the structure of industrial animal agriculture. Factory farming is a formidable foe, but we must continue our fight. The animals are depending on us.
Undercover Investigations Help Protect Farmed Animals
Posted by Jennifer Molidor, ALDF Staff Writer on March 31, 2015
Undercover investigations at factory farms are central to building cases against animal abusers and those who profit from the exploitation of animals. Evidence obtained from undercover investigations has been used by prosecutors and law enforcement and led to criminal prosecutions. Investigations have also led to massive food recalls after food safety violations were documented. And in other cases, investigations have inspired the passage of humane laws.
Meet T.J. Tumasse, ALDF’s manager of investigations for our brand new investigations unit. For years, T.J. did what most people couldn’t stomach for a day or even an hour—he went undercover on factory farms and slaughterhouses to gather evidence of illegal animal cruelty, and helped secure a felony animal cruelty conviction for an animal abuser.
As T.J. knows, animal abuse on factory farms doesn’t come down to a few bad apples—though the industry would like us to believe that. The abuse of animals on factory farms is standard industry practice; that’s why they want to keep it secret, and that’s why we need undercover investigators. We won’t let these abusers break the law and shut the public out.
Here’s how you can take action for farmed animals during Speak Out for Farmed Animals Week:
- Watch and share ALDF’s video on social media.
- Join the more than over 40,000 people who have signed ALDF’s petition, Protect the Right to Free Speech: Stop Ag Gag, and share on social media!
- Want more info on how to go veg? Check out ALDF’s Cruelty-Free Resource Guide.
Check back in tomorrow for more ways you can speak out for farmed animals.