Federal Lawsuit Filed Over North Carolina Anti-Whistleblower Law
By PETA, Center for Food Safety, Animal Legal Defense Fund, Farm Sanctuary, Food & Water Watch and Government Accountability Project
A coalition of animal protection, consumer rights, food safety and whistleblower protection organizations filed a federal lawsuit today challenging the constitutionality of a North Carolina law designed to deter whistleblowers and undercover investigators from publicizing information about corporate misconduct.
The state legislature overrode a veto of the bill by Gov. Pat McCrory in June 2015 and the law took effect on Jan. 1. Under the law, organizations and journalists who conduct undercover investigations and individuals who expose improper or criminal conduct by North Carolina employers, are susceptible to suit and substantial damages if they make such evidence available to the public or the press.
Coalition sues NC over constitutionality of #AgGag law of investigations of #animalfactories https://t.co/F7YDnuLEVD https://t.co/iC2ekZY4D2— Center 4 Food Safety (@Center 4 Food Safety)1452708738.0
According to the complaint filed today, the law's purpose is to punish those “who set out to investigate employers and property owners' conduct because they believe there is value in exposing employers and property owners' unethical or illegal behavior to the disinfecting sunlight of public scrutiny."
The plaintiffs, People for the Ethical Treatment of Animals (PETA), Center for Food Safety, Animal Legal Defense Fund, Farm Sanctuary, Food & Water Watch and the Government Accountability Project, said today that they are taking legal action because North Carolina's law “blatantly violates our rights to free speech, to a free press and to petition our government and violates the Equal Protection Clause. It places the safety of our families, our food supply and animals at risk."
The North Carolina law is part of a growing number of so-called "ag-gag laws" passed by state legislators across the country. The bills, which are pushed by lobbyists for corporate agriculture companies, are an attempt to escape scrutiny over unsafe practices and animal abuses by threatening liability for those who expose these improper and, in many cases, illegal practices. North Carolina's version is written so broadly that it would also ban undercover investigations of all private entities, including nursing homes and daycare centers. The North Carolina law threatens to silence conscientious employees who witness and wish to report wrongdoing.
Today's legal challenge is the first in the nation to make claims under both the U.S. Constitution and a state constitution. Last year, a federal court overturned Idaho's ag-gag law on the basis that it violated the First and Fourteenth Amendments and in late December a federal judge ruled that a challenge to Wyoming's law must go forward, citing “serious concerns" about that law's constitutionality.
New #aggag lawsuit in #NC! https://t.co/CeL5Nm0vJK https://t.co/Pl70zoyYTU— ALDF (@ALDF)1452708579.0
The plaintiffs' joint statement in full says:
"North Carolina's Anti-Sunshine Law seriously hinders North Carolinians' ability to know the truth about misconduct, mistreatment and corruption happening in virtually every industry, including nursing homes, factory farms, financial institutions, daycare centers and more. It's an extreme law forced on citizens over a governor's veto by lawmakers who bowed to pressure from corporate lobbyists. This law blatantly violates citizens' rights to free speech, a free press and to petition their government and violates the Equal Protection Clause. It places the safety of our families, our food supply and animals at risk and it attempts to bully and threaten those working for transparency, free speech and the public good. Our lawsuit is being brought for the sake of the health and safety of all citizens of North Carolina. We are confident the law will be found unconstitutional and that a victory in North Carolina will deter other state legislatures from repeating North Carolina's mistake."
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By Aaron W Hunter
A chance discovery of a beautifully preserved fossil in the desert landscape of Morocco has solved one of the great mysteries of biology and paleontology: how starfish evolved their arms.
The Pompeii of palaeontology. Aaron Hunter, Author provided<h2></h2><p>Although starfish might appear very robust animals, they are typically made up of lots of hard parts attached by ligaments and soft tissue which, upon death, quickly degrade. This means we rely on places like the Fezouata formations to provide snapshots of their evolution.</p><p>The starfish fossil record is patchy, especially at the critical time when many of these animal groups first appeared. Sorting out how each of the various types of ancient starfish relate to each other is like putting a puzzle together when many of the parts are missing.</p><h2>The Oldest Starfish</h2><p><em><a href="https://www.biorxiv.org/content/10.1101/216101v1.full.pdf" target="_blank" rel="noopener noreferrer">Cantabrigiaster</a></em> is the most primitive starfish-like animal to be discovered in the fossil record. It was discovered in 2003, but it has taken over 17 years to work out its true significance.</p><p>What makes <em>Cantabrigiaster</em> unique is that it lacks almost all the characteristics we find in brittle stars and starfish.</p><p>Starfish and brittle stars belong to the family Asterozoa. Their ancestors, the Somasteroids were especially fragile - before <em>Cantabrigiaster</em> we only had a handful of specimens. The celebrated Moroccan paleontologist Mohamed <a href="https://doi.org/10.1016/j.palaeo.2016.06.041" target="_blank" rel="noopener noreferrer">Ben Moula</a> and his local team was instrumental in discovering <a href="https://www.sciencedirect.com/science/article/abs/pii/S0031018216302334?via%3Dihub" target="_blank" rel="noopener noreferrer">these amazing fossils</a> near the town of Zagora, in Morocco.</p><h2>The Breakthrough</h2><p>Our breakthrough moment came when I compared the arms of <em>Cantabrigiaster</em> with those of modern sea lilles, filter feeders with long feathery arms that tend to be attached to the sea floor by a stem or stalk.</p><p>The striking similarity between these modern filter feeders and the ancient starfish led our team from the University of Cambridge and Harvard University to create a new analysis. We applied a biological model to the features of all the current early Asterozoa fossils in existence, along with a sample of their closest relatives.</p>
Cantabrigiaster is the most primitive starfish-like animal to be discovered in the fossil record. Aaron Hunter, Author provided<p>Our results demonstrate <em>Cantabrigiaster</em> is the most primitive of all the Asterozoa, and most likely evolved from ancient animals called crinoids that lived 250 million years before dinosaurs. The five arms of starfish are a relic left over from these ancestors. In the case of <em>Cantabrigiaster</em>, and its starfish descendants, it evolved by flipping upside-down so its arms are face down on the sediment to feed.</p><p>Although we sampled a relatively small numbers of those ancestors, one of the unexpected outcomes was it provided an idea of how they could be related to each other. Paleontologists studying echinoderms are often lost in detail as all the different groups are so radically different from each other, so it is hard to tell which evolved first.</p>
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