PublicSource
By Natasha Khan
Chickens crammed into wire cages next to the rotting carcasses of other chickens. The floor of a barn coated with flies. Hens with their heads jammed between cages and feeding machines.
The Humane Society of the U.S. released a video last year depicting those conditions at what it said was Kreider Farms in Manheim, Pa., in Lancaster County.
There was no criminal investigation. The owner of Kreider Farms, the largest egg supplier in the state, denied the charges and questioned the authenticity of the video. Later, state inspectors said that the Manheim location had met standards for agricultural facilities in previous years.
A recently proposed Pennsylvania bill would make it a crime to photograph, videotape or audiotape activities on farms without the permission of the owner. The bill would limit information to the public about food safety, animal cruelty and environmental issues, according to its critics.
Some opponents say such bills also limit gathering information and photos of natural gas drilling, much of which occurs on agricultural land.
“This bill has nothing to do with gas and oil and everything to do with cows and pigs,” said House Bill 683 co-sponsor Rep. Carl Walker Metzgar, R-Somerset/Bedford.
Sponsors, who come from farm-rich counties, said the bill is about protecting family-owned and corporate farms.
However, opponents of the bill see it differently.
“It speaks volumes that this industry wants to make it a crime to merely take a photo of abusive, unsanitary or otherwise unethical activity,” said Matthew Dominguez, a public policy manager for the Humane Society.
“There has to be a certain degree of privacy when you own a farm,” said Rep. Gary Haluska, D-Cambria, the primary sponsor of the bill, who added that there are adequate health inspections of farms by state agencies.
The bill, introduced in February, is still in committee.
A spokesman for the Pennsylvania Farm Bureau said the group hasn’t yet taken a stand on it.
These “anti-whistleblower” bills—so-called because they make it a crime for an employee to report about wrongdoing by farm owners—have popped up throughout the nation. In some of the states there have been recent investigations of animal cruelty. And the environmental impact of Pennsylvania's drilling industry has been widely covered.
Dubbed ag-gag legislation, the bills have passed in Iowa, Utah and Missouri.
No photos of drill rigs?
Because the bills seek to criminalize whistleblowing, animal rights activists and fracking opponents said they create a chilling effect on what the public learns about animal cruelty, unsafe working conditions and environmental issues.
“The last thing drillers want are YouTube videos,” said Dory Hippauf, who writes the ‘No Fracking Way’ blog about Marcellus Shale drilling in Northeastern Pennsylvania.
A spokesman for the Marcellus Shale Coalition said drilling companies do not deny “credentialed journalists” the ability to photograph or videotape drilling.
“I’ve been on dozens of drill tours with credible journalists to explain the drilling process,” said the coalition’s Patrick Creighton.
Steve Todd, an environmental engineer and citizen blogger in Dauphin County, said: “Pennsylvania legislation has been crafted to allow these big factory farms and now fracking (drillers) to just do what they want.” Todd started an online petition against the bill.
Dominguez points to the Humane Society’s investigation into a California slaughterhouse as an example of the kind of wrongdoing that can be exposed.
The 2008 undercover investigation into a Chino, Ca., slaughterhouse showed downer cows, those too weak or sick to stand, being repeatedly shocked with electric prods, rolled over with forklifts and having pressurized water shot up their noses. The company was found to be a major supplier of meat from sickened cows to school lunch programs.
The investigation resulted in a civil lawsuit brought by the Humane Society and the largest beef recall in U.S. history.
Had a bill like this one existed in California, Dominguez said, the conditions would not have been made public.
First Amendment rights
Journalists should be worried, said First Amendment experts.
“The public is better served when there is more information available,” said Ken Bunting, director of the National Freedom of Information Coalition, which has signed a national petition against the bills. “Anytime you are trying to curb the exercise of watchdog journalism,” you run the risk of violating the First Amendment.
The bill is "scary," Pittsburgh photographer Scott Goldsmith wrote in an email. Goldsmith has frequently taken photos and videos of drill sites, including for PublicSource.org.
"It smells like they're trying to hide something," Goldsmith wrote. "What happens if something illegal, corrupt or environmentally dangerous is happening on the agricultural property?"
Nearly 60 groups, including animal rights, civil rights, lawyers, public safety, food safety and journalism organizations have signed a national petition against the ag-gag bills.
David LaBahn, president of the Association of Prosecuting Attorneys, said people shouldn’t become felons if they see a crime taking place and decide to do something about it.
“If someone is there lawfully and appropriately and they see animal cruelty and pull out their cell phone [to take a picture] and they send it into law enforcement ... they’ve committed a felony,” LaBahn said.
After reviewing the Pennsylvania law, First Amendment expert Robert D. Richards of Penn State University and the founding co-director of the Pennsylvania Center for the First Amendment, said he seriously questions whether it is constitutional.
H.B. 683 would also go against the Pennsylvania Whistleblower Law, Richards said.
The law, established in 1986, makes it illegal for an employer to “discriminate or retaliate” against an employee if the person makes a “good faith report” about an incident of “wrongdoing or waste” of the employer.
“I always find it suspect when legislators are trying to create laws that are trying to keep information from the public,” Richards said.
Visit EcoWatch’s FACTORY FARMING page for more related news on this topic.
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Tell the FDA to Deny Approval of GE Salmon:
Here are three new films to watch this Earth Week that will transport you from pole to pole and introduce you to the scientists and activists working to save our shared home.
1. The Year Earth Changed
Where to Watch: Apple TV+
When to Watch: From April 16
The coronavirus pandemic has brought home the stakes of humanity's impact on the environment. But the lockdowns also proved how quickly nature can recover when humans give it the space. Birds sang in empty cities, whales surfaced in Glacier Bay and capybara roamed the South American suburbs.
The Year Earth Changed captures this unique year with footage from more than 30 lockdowned cities between May 2020 to January 2021. Narrated by renowned wildlife broadcaster David Attenborough, the film explores what positive lessons we can take from the experience of a quieter, less trafficked world.
"What the film shows is that the natural world can bounce back remarkably quickly when we take a step back and reduce our impact as we did during lockdown," executive producer Alice Keens-Soper of BBC Studios Natural History Unit told EcoWatch. "If we are willing to make even small changes to our habits, the natural world can flourish. We need to learn how to co-exist with nature and understand that we are not separate from it- for example if we closed some of our beaches at for a few weeks during the turtle breeding we see that it can make a huge difference to their success. There are many ways that we can adapt our behavior to allow the natural world to thrive as it did in lockdown."
2. After Antarctica
Where to Watch: San Francisco International Film Festival
When to Watch: 12 a.m. PST April 9 to 11:59 p.m. April 18
In 1989, Will Steger led an international team of six scientists and explorers to be the first humans to cross Antarctica by dogsled. Steger and his team weren't just in it for the adventure. They also wanted to draw attention to the ways in which the climate crisis was already transforming the icy continent and to rally support for the renewal of the Antarctic Treaty, which would keep the continent safe from extractive industries.
In After Antarctica, award-winning filmmaker Tasha Van Zandt follows Steger 30 years later as he travels the Arctic this time, reflecting on his original journey and once again bringing awareness to changes in a polar landscape. The film intersperses this contemporary journey with footage from the original expedition, some of which has never been seen before.
"Will's life journey as an explorer and climate activist has led him not only to see more of the polar world than anyone else alive today, but to being an eyewitness to the changes occurring across both poles," Van Zandt told EcoWatch. "But now, these changes are happening in all of our own backyards and we have all become eyewitnesses. Through my journey with Will, I have learned that although we cannot always control change, we can change our response. I feel strongly that this is a message that resonates when we look at the current state of the world, as we each have power and control over how we choose to respond to hardships, and we all have the power to unite with others through collective action around a common goal."
After Antarctica is available to stream once you purchase a ticket to the San Francisco International Film Festival. If you miss it this weekend, it will screen again at the Minneapolis St. Paul International Film Festival from May 13 to May 23.
Tasha Van Zandt
3. The Race to Save the World
Where to Watch: Virtual Cinema
When to Watch: From Earth Day, April 22
While many films about the climate crisis seek to raise awareness about the extent of the problem, The Race to Save the World focuses on the people who are trying to stop it. The film tells the story of climate activists ranging from 15-year-old Aji to 72-year-old Miriam who are working to create a sustainable future. It follows them from the streets to the courtroom to their homes, and explores the impact of their advocacy on their personal lives and relationships.
Emmy award-winning documentary filmmaker Joe Gantz told EcoWatch that he wanted to make a film about climate change, but did not want to depress viewers with overwhelming statistics. Instead, he chose to inspire them by sharing the stories of people trying to make a difference.
"Unless millions of people take to the streets and make their voices heard for a livable future, the politicians are not going to get on board to help make the changes needed for a sustainable future," Gantz told Ecowatch. "I think that The Race To Save The World will energize and inspire people to take action so that future generations, as well as the plants, animals and ecosystems, can survive and thrive on this planet."
Check back with EcoWatch on the morning of Earth Day for a special preview of this inspiring film!