Utah

Utah Defends Law Aimed at Livestock Filming

Fri, 20 Nov 2020 05:38:11 GMT

By: Brady McCombs, Associated Press

The state of Utah is pushing back against animal-welfare activists who contend a state law to prevent filming of agricultural operations is designed to silence them.

In new court papers filed last week, state attorneys argue a federal judge should throw out a lawsuit because the activists have not shown they face an immediate threat of criminal prosecution. The state first asked for the case to be dismissed in October.

The law, passed in 2012, makes it a misdemeanor to trespass on private property to record images or sounds of a livestock operation.

People for the Ethical Treatment of Animals and the Animal Legal Defense Fund filed the lawsuit in July, saying the law restricts free expression. They filed court papers in December saying the law singles them out for punishment and was motivated by hostility toward them.

The groups contend the threat of prosecution hampers their ability to shed light on the “horrors” of factory farming.

Supporters of the law say it’s intended to protect property rights. In the new filings, state attorneys say activists can still keep tabs on factory farming by doing all the same things but without crossing over into private property.

“The statute only criminalizes behavior that takes place on the property of an agricultural operation,” the state says in the court filing. “Plaintiffs can take an investigation all the way through the planning stage and even somewhat into the implementation stage.”

U.S. District Judge Robert Shelby is handling the case. Shelby thrust himself into the national spotlight recently when he struck down Utah’s same-sex marriage ban.

Activists say filming livestock operations continues a tradition of journalistic endeavors that has led to landmark food safety laws.

The groups behind the lawsuit have the backing of attorneys at the University of Denver’s Sturm College of Law.

Amy Meyer, who was charged after she filmed a Utah slaughterhouse in a Salt Lake City suburb, is a plaintiff in the lawsuit.

She used her digital camera to shoot footage of a front-end loader dumping a sick cow outside the slaughterhouse. The recording included more graphic scenes and drew a large audience on the Internet.

In Utah, Meyer was the first and only person charged in Utah for agricultural operation interference.

Prosecutors eventually dropped the charge because Meyer’s video showed that she recorded the operation from the shoulder of a public street. The meat plant has since shielded itself from view, she said.

Two Ag-Gag Laws Facing Federal Court Challenges

Thu, 19 Nov 2020 03:26:45 GMT

The years-long fight between farm organizations and animal rights activists over laws prohibiting secretly filmed documentation of animal abuse is moving from state legislatures to federal courts as laws in Utah and Idaho face constitutional challenges.

Half of U.S. states have attempted to pass so-called ag-gag laws, but only seven have been successful. Among them are Idaho, where this year’s law says unauthorized recording is punishable by up to a year in jail and a $5,000 fine, and Utah, whose 2012 law makes it a crime to provide false information to gain access to a farm. Both states now face separate but similarly worded lawsuits that say the measures violate federal statutes offering whistleblower protections and free-speech guarantees.

Farm organizations and livestock producers say ag-gag laws are aimed at protecting their homes and businesses from intruders, and some plan to use social media to assure the public they have nothing to hide. But animal rights groups, free-speech activists and investigative journalists want to throw out the laws because they say the secrecy puts consumers at higher risk of food safety problems and animals at higher risk of abuse.

Numerous investigations have taken place on farms in the past decade, leading to “food safety recalls, citations for environmental and labor violations, evidence of health code violations, plant closures, criminal convictions, and civil litigation,” the Idaho lawsuit says.

One such investigation was conducted by the Humane Society of the United States in Chino, California, in 2007, and led to the largest meat recall in U.S. history. Undercover video at a slaughterhouse showed cows too weak or sick to walk dragged by chains, rammed by forklifts and sprayed with high-pressure hoses. It was released after three attempts to get the facility’s USDA inspectors to do something, and the government ended up recalling 143 million pounds of meat, including 37 million pounds intended for the school lunch program.

“These ag-gag laws are putting the public at risk and they further erode what trust there is among Americans for the meat industry,” said Paul Shapiro, the society’s vice president of farm animal production.

Well aware of the image and trust problems that the investigations and subsequent laws have created, some farm groups have decided to change their strategy — forgoing the usual political channels and instead communicating to the public the scope and use of animal care standards.

“We’re going to step up now and figure out how to address the issue within our own community rather than relying on legislation to block information,” said Ryan Goodman, spokesman for the Montana Stockgrowers Association. “We do want to be open and transparent with the public and not come across as if we’re trying to hide something because we’re not. We’re just trying to protect our own families and businesses.”

The livestock group has various social media accounts, including on Twitter, YouTube and Pinterest. He also writes a blog. “That comes across communicating the message a lot better than saying we went to the Legislature and lobbied on this issue,” Goodman said.

Another concern about some undercover investigations is that video is edited down to short clips and narrated to distort the truth, Iowa Secretary of Agriculture Bill Northey said.

“People were essentially creating false narratives and getting on farms and actually not even representing what was happening on those farms,” he said. “We want to make sure bad stuff isn’t happening out there. If somebody is doing something wrong it needs to stop, but some will try and paint the whole industry as those handful of outliers.”

Chris Green, a spokesman for the Animal Legal Defense Fund, which along with People for the Ethical Treatment of Animals is a plaintiff in both lawsuits, said farm groups should be concerned about the public’s perception that slaughterhouses and farms are operating in the dark.

“There’s this pro-whistleblowing sentiment that exists in the U.S. populace,” Green said. “Anything that indicates anti-whistleblowing indicates someone is trying to hide something from the American people and that doesn’t bode well.”

Other states, including those that have tried and failed to pass ag-gag laws, will watch closely to see whether these two constitutional challenges hold up. But they might be waiting a while: The Idaho lawsuit, though recently filed, is not yet set for trial and deadlines for motions stretch into next year, and Utah’s is also just getting started.

Tyson Plans to Build $300 Million Beef, Pork Packaging Plant in Utah

Wed, 11 Nov 2020 05:06:36 GMT

Tyson Foods and the state of Utah have announced plans for the meat packer to bring a new $300 million further processing plant for beef and pork to the Salt Lake City-area.

The Utah Governor’s Office of Economic Development (GOED) made the announcement on May 9 that Tyson Fresh Meats, a subsidiary of Tyson Foods, would be building the case ready plant and have it operational as soon as 2021. The case ready beef and pork plant would be similar to facilities owned and operated by Tyson in Iowa, Tennessee and Texas.

“We’re excited about building a new food plant in Utah and appreciate the state’s support and the exceptional people we’ve met,” says Nate Hodne, senior vice president and general manager of case ready meats for Tyson Fresh Meats. “We believe Utah is a great location because of the availability of labor and property and the access to highways and rail. Once built, the new facility will help us meet growing demand for case ready meat in the western U.S.”

The plant would convert large, whole muscle cuts of beef and pork into steaks, chops, roasts and ground meat that is ready to be sold at grocery stores. The plant is expected to employ 800 people initially and could expand to 1,200 employees within three years of operation.

“We are pleased that Tyson Foods, a Fortune 100 Company, has selected Utah to build its newest facility,” says Val Hale, executive director of GOED. “This well-known company has a long history and great reputation. It will allow them to have better distribution and access to the western states.”

Utah estimates the plant will generate $27 million in new state tax revenue over the next 10 years.

“Tyson Fresh Meat’s expansion demonstrates that Utah is more than a hotbed for Software and IT companies. This manufacturing plant will diversify the local economy and provide opportunities for residents to work close to home,” says Theresa Foxley, president and CEO of the Economic Development Corporation of Utah.

A video of Tyson’s case-ready plant in Sherman, Texas can be watched below: