courtesy Google images |
Those who seek to break the law, study the behavior of the
activists in order to block, parry and continue their activities in peace. To
that end the Animal Enterprise Terrorism
Act, targeted against activists who interfere with certain animal related
enterprises and Ag-Gag
laws designed to stop a
person from applying for certain jobs with the intent of filming cruel
practices have been enacted. Recently, the situation has become worse.
A person working for Compassion Over Killing, an animal rights
group, secured a job at a cattle company in Colorado and filmed abusive treatment of
newborn calves. There is no Ag-Gag law in Colorado so on its face this plan
seemed promising. Though filmed over the summer, the video was not released by
the organization until November 13th after which criminal charges were quickly
filed against 3 men shown in the footage abusing the animals. Then the local sheriff
filed animal cruelty charges against
the activist for not reporting the abuse in a timely manner, a misdemeanor
consistent with Colorado state law. The group did not say why they waited
so long to turn over the footage.
In Tennessee,
8 counts of animal cruelty charges against a businessman were tossed after a
search warrant was quashed thus rendering the evidence gathered pursuant to
that warrant inadmissible. The warrant was declared invalid because a Humane
Society of the United States employee, not a bona fide officer, signed the
warrant papers in contravention of state law.
There are many forms of activism used in social movements to
affect positive change and remedy injustices. These range from lobbying for
legislative protections to acts of civil disobedience. This is also true in the
animal welfare arena with one important wrinkle.
Cruelty to animals is a crime in all 50
states, the investigation of which overlaps legitimate law enforcement efforts
and protocols. As criminal acts are typically committed sub rosa, and can
result in incarceration, they must be exposed legally and with sufficient
evidence to sustain a finding of guilt beyond a reasonable doubt. The use of
undercover operatives and other such police methodology are excellent at
flushing out criminal activity. As most activists are not sworn law enforcement
officers and can therefore not avail themselves of protections and tools
afforded to real officers who act in an undercover capacity or who use
confidential informants, they need to beware. A self-proclaimed investigator is
not a peace officer and is vulnerable as a civilian. Partnering with real law
enforcement organizations rather than going it alone should be seriously
considered in these situations.
Though we probably have not heard the end
of these stories and others like them they serve as an important cautionary tale. It is incumbent upon activists to study
the landscape in which they plan to operate. Knowledge of relevant local laws
is key to eliminating these setbacks. Exposing criminals and certainly those
who would harm animals is a desirable and righteous goal. Minimizing risks if
intentionally engaging in an act of civil disobedience or simply acting in good
faith is critical to attaining a positive outcome and avoiding loss. Animal activists must be smart, unpredictable, able to anticipate the abusers' next moves and familiar with the rules surrounding their actions in order to have the best chance of success.
We can't let those who would be cruel to animals turn the tables
on those who seek to protect them. It helps neither the specific animals
in question nor future animals suffering from the crimes as well as the bad legal precedents.