California Code §597e authorizes individuals to enter compounds to provide nourishment for neglected animals. But behind closed doors, the California legislature added language to explicitly exempt factory farms.
LEE FANG: ‘The factory farming industry has had enough of Direct Action Everywhere, the controversial animal liberation activist group. The California Farm Bureau Federation, the powerful agribusiness trade group, along with its local affiliates, has pushed for aggressive policing and prosecutions of Direct Action Everywhere, or DxE. Now, records obtained by The Intercept show that the California Farm Bureau worked behind closed doors to limit legal exemptions that DxE has long claimed provide protections for its work.
DxE, which is based in Berkeley, California, has waged a provocative campaign of civil disobedience in recent years, staging actions that the group calls “open rescues,” in which volunteers brazenly walk into meat plants and seize animals, many of which are facing slaughter, often ferrying them to medical tents erected outside the facility or to local veterinarians.
The actions, which have included rescues at meat and egg plants over the last two years in Sonoma County, have seized headlines and drawn national attention to the organization’s cause — while mobilizing opposition within the factory farming industry. DxE has claimed that its actions are protected under an obscure section of state law, California Penal Code §597e, which authorizes individuals to enter pounds to provide nourishment for neglected animals. In DxE’s view, the statute allows legal entry into an area in which animals are confined if the animals have been deprived of food and water for over 12 hours…
That argument has enraged the animal agriculture interests throughout California, which have leaned on authorities to take a more aggressive response to DxE. “In my view, what they are doing is bordering on terrorism involving the use of illegal practices to push their points of view,” said Tawny Tesconi, executive director of the Sonoma County Farm Bureau, an affiliate of the California Farm Bureau Federation..
Following an action in which hundreds of DxE activists entered an egg farm in Petaluma to free chickens and care for them in medical tents set up around the facility by the group, Tesconi called for farmers to “work more closely with law enforcement and the DA’s office to provide the tools they need to fully prosecute actions like this”… Behind closed doors, the California legislature moved last summer to redefine §597e, adding language to the code that explicitly exempts factory farms. The legal shift received virtually no attention or substantive legislative debate… The bill sailed through committee and was signed by Gov. Gavin Newsom last June…
DxE strongly disputes that the bill was merely a technical change and was shocked to discover the discreet push to amend the code. “Over one hundred activists have relied on §597e to protect them from politically-motivated prosecutions,” said DxE co-founder Wayne Hsiung, who is also a former visiting law professor at Northwestern School of Law. “We’ve obtained dismissal or diversion of charges in dozens of cases where people were trying to give aid to starving animals”…
Around the country, animal agriculture interests have worked carefully to criminalize similar forms of activism around factory farms, including hidden camera investigations. The Intercept previously obtained emails showing a bill signed into law in Idaho that provided criminal penalties for filming animal abuse at factory farms had been quietly authored by a dairy lobbyist — one of many so-called ag-gag laws enacted around the country. A federal judge later overturned most of the statute. Farm Bureau groups have worked to enact similar laws in Missouri, Iowa, Utah, and other states’. SOURCE…
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