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May 29, 2019

Idaho Ag-Gag

Case

Animal WelfareConsumer Rights

In recent years, more and more state legislatures have – at the urging of lobbyists representing factory farm operations and industrial food producers – taken up “Ag Gag” laws that shroud mega-farms in secrecy and make holding them accountable for pollution, unsafe working conditions and animal abuse difficult, if not impossible.

At FarmSTAND, we believe everyone has the right to know where their food comes from, how it is produced, and the health and environmental ramifications of factory farming. We also believe tax payers have a right to know if, and how, public lands such as national parks are being polluted in illegal and destructive ways.

Working with a coalition of groups, we helped secure the very first court decision declaring an Ag Gag law unconstitutional. Idaho’s statute made it crime for employees to go undercover at a factory farm and report violations taking place at those facilities. The district court agreed with our argument that the state’s law blatantly violated the First Amendment and the Equal Protection Clause of the U.S. Constitution. The state has appealed our victory, and we are helping defend the decision before the Ninth Circuit.  The argument to uphold this first-of-its-kind win will be on May 12th in Seattle.

To learn more about FarmSTAND’s work on ag-gag laws in other states, see our page on Ag-Gag Litigation.

Trial Briefs

Memorandum in Support of Plaintiffs’ Opposition to Defendants’ Motion to Dismiss (Idaho Ag-gag)

District Court Ruling Denying Defendants’ Motion to Dismiss (Idaho Ag-gag)

Brief in Support of Plaintiffs’ Motion for Partial Summary Judgment (Idaho Ag-gag)

Reporters Committee for Freedom of the Press Amicus Brief (Idaho Ag-gag)

Motion for Attorneys’ Fees (Idaho Ag-gag)

Declaration of Leslie A. Brueckner in Support of Plaintiffs’ Motion for Attorneys’ Fees (Idaho Ag-gag)

Appellate Briefs

Plaintiffs-Appellees’ Answering Brief (Idaho Ag-gag)

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