An ag-gag law, designed to protect Kansas farms and agrifood facilities from trespassers or people entering agricultural property under false pretenses to secretly photograph or film the facility with the intent of doing harm to the operation, has been struck down by a federal appeals court.
The U.S. Court of Appeals for the 10th Circuit, by a 2-1 vote, held on August 19 that the Kansas Statute violates the First Amendment Rights of such trespassers.
The case in which the law, which had been in place since 1990, was filed by the Animal Legal Defense Fund (ALDF), Center for Food Safety, SHY 38 Inc. and Hope Sanctuary.
Kansas Attorney General Derek Schmidt and Kansas Gov. Laura Kelly are listed in the case as defendants.
Schmidt called the court’s decision “disappointing,” and indicated that his office is considering challenging that ruling.
“Kansas enacted this law to add an additional layer of protection regarding unauthorized access to agricultural facilities, and to help improve security measures against those who seek to disrupt the food supply,” Schmidt said in a press release. “Animal agriculture is vitally important to our state’s economic well-being. We are carefully reviewing the court’s disappointing decision and will determine the next steps in the weeks ahead.”
Schmidt, a former state senator, has been the Kansas Attorney General since 2011 and has launched a campaign as a Republican candidate for governor, challenging Kelly, a Democrat.
Meanwhile, ALDF is celebrating the court decision.
“For 30 years, Kansas lawmakers have suppressed whistleblowers from investigating cruel conditions on factory farms with this unconstitutional law,” ALDS executive director Stephen Wells stated. “Today’s decision is a victory for the millions of animals raised for meat on factory farms.”
Earlier in August, the U.S. Court of Appeals for the 8th Circuit upheld a similar law in Iowa, creating a split of opinions among federal appeals court.
