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Iowa Animal Abuse Video Law Makes It A Crime To Record Cruelty

Iowa Animal Cruelty

First Posted: 03/ 2/2012 7:38 pm Updated: 03/ 3/2012 12:48 pm

DES MOINES, Iowa (AP) — Iowa became the first state Friday to make it a crime to surreptitiously get into a farming operation to record video of animal abuse.

Republican Gov. Terry Branstad signed the law despite protests, letters and campaigns launched on Twitter and Facebook by animal welfare groups that have used secretly taped videos to sway public opinion against what they consider cruel practices.

But Branstad's action wasn't a surprise. Iowa is the nation's leading pork and egg producer, and the governor has strong ties to the state's agricultural industry. He signed the measure in a private ceremony and issued no statement about his decision.

Legislatures in seven other states — Illinois, Indiana, Minnesota, Missouri, Nebraska, New York and Utah— have considered laws that would enhance penalties against those who secretly record video of livestock, though the efforts have stalled in some states.

Iowa's law makes lying on a job application to get access to a farm facility a serious misdemeanor, punishable with up to one year in prison and a fine of up to $1,500. A second conviction carries harsher penalties. It won overwhelming approval in the Iowa Legislature on Tuesday.

Animal rights groups had called on Branstad to veto the bill, saying it ignores strong public sentiment that favors proper treatment of animals and methods of oversight that ensure safe food.

"Iowans deserve to know where their food is coming from, they deserve to know how the animals they're consuming have been treated, they deserve to have the farms held accountable for the conditions in these facilities," said Suzanne McMillan, spokeswoman for the American Society for Prevention of Cruelty to Animals. "He's really going against all those concerns and priorities that Iowans hold."

But John Weber, who grows grain and raises hogs near Dysart, about 100 miles northeast of Des Moines, said most farmers don't abuse or mistreat their animals and there are systems in place to deal with mistreatment when it's reported. He called the new law a good piece of legislation.

"It will give some protection for farmers from people who enter their facilities fraudulently," he said.

Iowa farmers have felt under attack since activists distributed a series of videos that they claimed showed the mistreatment of animals, from pigs being beaten to chicks being ground up alive. The state typically has more than 19 million hogs and 54 million egg-laying chickens in barns and confinement buildings.

Sen. Joe Seng, a Davenport Democrat and veterinarian who sponsored the bill, said the measure strikes a balance by discouraging animal activists from sneaking into livestock facilities but not prohibiting someone who legitimately works there from reporting animal abuse.

The bill that passed was changed from an earlier version due to concerns that language making undercover video recording illegal could violate free speech protections in the U.S. Constitution.

Craig Hill, president of the Iowa Farm Bureau Federation, has said he hopes Iowa's action can lead the way for other states to pass similar legislation.

The Utah House has approved a bill that would make it a misdemeanor to film on private agricultural property without the owner's consent, and the measure is now awaiting debate in the Senate.

Also on HuffPost:

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DES MOINES, Iowa (AP) — Iowa became the first state Friday to make it a crime to surreptitiously get into a farming operation to record video of animal abuse. Republican Gov. Terry Br...
DES MOINES, Iowa (AP) — Iowa became the first state Friday to make it a crime to surreptitiously get into a farming operation to record video of animal abuse. Republican Gov. Terry Br...
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HUFFPOST SUPER USER
stephen morgan
We're all bozo's on this bus.
06:47 PM on 03/17/2012
So let's identify products agricultural products that come from Iowa, so we know not to buy them.
05:39 PM on 03/16/2012
Just pathetic. Undercover investigations are the heart of investigative journalism and the absurd agenda of some politicians to squelch it will come and bite us all in the arse. So when the rampant abuse and filthy substandard practices of these heinous farms make their way into the spoiled meat itself, we'll cry and moan as a public "why is my food contaminated?"
04:19 PM on 03/05/2012
Undercover investigations play a crucial role in exposing cruelty to farmed animals and environmental violations. They also help to ensure food safety and protect workers' rights. Undercover investigations by Mercy For Animals and other groups have led to landmark corporate animal welfare policy reforms, felony convictions of animal abusers, and other positive developments. Clearly factory farms have a lot to hide if they are willing to go to such despicable measures to hide their cruel and abusive practices from the public. Consumers have the right to know where their food comes from and how animals are treated before they reach their plates. This is a good, short video to watch about this topic: MeatVideo.com. Or visit ChooseVeg.com for information on adapting a more compassionate lifestyle.
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Computer Geek
Logician Atheist Lefty
12:00 PM on 03/05/2012
They should just post a huge billboard at the borders to the state that advertises that 'Bestiality Lovers are safe here!'.
HUFFPOST SUPER USER
bcmom
Stop breeding puppies
01:26 PM on 03/04/2012
Is anyone ever going to stop the cruel Amish puppymills in PA, OH, IN, and WI. Why should they be above the law?
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08:21 PM on 03/03/2012
"Peggy lives in a lovely, pastoral home near Milton—surrounded by five industrial-sized factory farms. Ask her to describe the stench when farmers spread six months’ worth of hog slurry on the 156-acre field right outside her yard, and she’ll just about retch.

“It’s like rotten eggs . . . you can’t describe it. It’s really intense,” she says, holding her stomach.
.... Now the fumes have forced Peggy, her husband, and their asthmatic son to live in the basement.

The Iowa Source published an article on the human health risks posed by toxic air emissions from CAFOs, concentrated animal feeding operations...we’re taking a closer look at how hog CAFOs are tearing apart Iowa’s rural communities.....

“Nobody works in there very long,” says Birchmier, “No matter where they’re from, they’re almost always transient.” CAFO workers typically endure low salaries, long hours, and extremely high health risks. A whopping 58 percent of all swine confinement workers manifest chronic bronchitis,
and nearly 70 percent experience some form of respiratory irritation. Each year, several workers—and occasionally children—actually die from falling in manure pits.

http://www.iowasource.com/health/CAFO_people_0905.html

Please also read "animal Factory" by David Kirby.
04:08 PM on 03/03/2012
how ridiculous and infuriating this bill is.....lame Ohio
04:32 PM on 03/03/2012
I get Iowa and Ohio mixed up too. ;)
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08:21 PM on 03/03/2012
When it comes to CAFOs they are two of a kind.
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HUFFPOST SUPER USER
wanderthewest
macrobiologist
10:32 PM on 03/03/2012
and their legal gay marriage. Last time I checked, California was behind on that one!
03:13 PM on 03/03/2012
Make no mistake: the purpose of this bill is not to protect agricultural operations, it's to conceal the animal abuse and unsafe conditions within. The proponents of this bill have made no secret of their desire to eliminate the undercover video and photography that has revealed the realities of factory farm cruelty; biosecurity is a flimsy pretense to justify their desperate attempts to conceal the truth from their consumers.

This will need to percolate through the judicial system before being ruled unconstitutional. But during that process, Big Ag will be exposed as having some very dark secrets they are frantic to hide.

Putting this issue at the forefront of the public consciousness -- and alienating journalists in the process -- is perhaps the most biggest PR blunder I've ever seen the industry make. The law raises the question, "What does Big Ag have to hide?"

...And consumers aren't going to be happy when they find the answers.
02:33 PM on 03/03/2012
I'd like to address a couple of points this story misses:

1) I know of at least one very effective nonprofit animal-advocacy organization whose undercover investigators do NOT lie on job applications. They apply honestly for jobs, using their real names and social security numbers, they are hired, and they do the jobs they were hired to do--while also filming undercover. So, to claim they've applied for work under "false pretenses" doesn't wash. It will be difficult, if not impossible, to prove in court an applicant's intentions. The same organization's investigators also nearly always document themselves attempting to bring abuses to management's attention, only to be told by their employers that "everything is fine." They also do not preselect farms or have "insider's tips" of abuse. Investigators go to work wherever they are hired and in ALL CASES, egregious animal abuse has been documented.

2) Passage of this ill-conceived bill also opens up a whole 'nother can of worms: What to do about the huge numbers of undocumented workers who lie on job applications, are hired, and upon whom IOWA's factory farm owners absolutely depend to do their most unpleasant of chores?
HUFFPOST SUPER USER
suzyelectrz
05:26 PM on 03/03/2012
Janet you're right about the undocumented workers. Ag doesn't care about illegals lying on work applications. Austin Jack Decoster hires illegals all the time. He pays the fine and goes right on doing it. The meatpacking town of Storm Lake Iowa is fueled by illegal workers. The children of undocumented workers are in the fields of North Carolina and Iowa. Do those ag boys care? How hypocritical they are to care in this instance about someone lying on a work application.
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LJohns1216
Question Everything Republican
02:22 PM on 03/03/2012
"Sen. Joe Seng, a Davenport Democrat and veterinarian who sponsored the bill, said the measure strikes a balance by discouraging animal activists from sneaking into livestock facilities but not prohibiting someone who legitimately works there from reporting animal abuse."

This could be the most ignorant .... otherwise corrupt....thing I have read in a long time. A worker will NEVER report the abuse or they would lose their job. They are part of the problem....
HUFFPOST SUPER USER
ebsb52
02:01 PM on 03/08/2012
Moreover, it is impossible to prove legitimate from illegitimate employment. The law is a scare tactic.
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LJohns1216
Question Everything Republican
02:19 PM on 03/03/2012
The Government is protecting the criminals.

Sounds alot like Wall St...
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02:02 PM on 03/03/2012
A Republican, say no more to me, they so damn ignorant!
01:38 PM on 03/03/2012
I was under the impression that this law only made it illegal to lie on a job application to gain access to a farm facility. I think the act of recording abuse is still permitted. Either way, the law seems to violate the First Amendment.
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HUFFPOST SUPER USER
wanderthewest
macrobiologist
10:34 PM on 03/03/2012
...maybe transitioning from corporate money equals speech to only corporations can speak.
01:26 PM on 03/03/2012
Just what we need. More laws to break.