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Press Releases

Veto of ‘Ag-Gag’ Bill Praised by Animal Welfare Champions

Press release from the Humane Society of the United States; May 13, 2013:

(May 13, 2013) NASHVILLE, Tenn. – Gov. Bill Haslam vetoed the anti-whistleblower “ag-gag” bill, SB 1248/HB 1191, after hearing from thousands of Tennesseans urging the veto and a report deeming the bill constitutionally suspect by the Tennessee Attorney General.

Animal protection groups, First Amendment advocates and newspaper editorial boards across Tennessee opposed the bill, which would criminalize undercover investigations at agribusiness operations and stables. More than 300 Tennessee clergy also spoke out against the bill, as did several Tennessee celebrities, including Priscilla Presley, singers Carrie Underwood and Emmylou Harris, and Miss Tennessee USA 2013. The bill also received national criticism from talk show host Ellen DeGeneres, who invited Wayne Pacelle, the president and CEO of The Humane Society of the United States, on her show to discuss the issue.

Leighann McCollum, Tennessee state director for The HSUS, said: “We thank Gov. Haslam for listening to his constituents and honoring the Constitution by vetoing this recklessly irresponsible legislation that would criminalize the important work of cruelty whistleblowers. By vetoing this bill, the governor is supporting transparency in horse stables and our food system.”

Wayne Pacelle, president and CEO of The HSUS, added: “It’s the wrong policy to punish the person who exposes cruelty, instead of the person who perpetrates it. We are grateful to Governor Haslam for hearing the clear voice of Tennesseans and ending this debate so emphatically.”

In his statement describing his reasons for vetoing the bill, Gov. Haslam had said: “First, the Attorney General says the law is constitutionally suspect. Second, it appears to repeal parts of Tennessee’s Shield Law without saying so….Third, there are concerns from some district attorneys that the act actually makes it more difficult to prosecute animal cruelty cases, which would be an unintended consequence.”

In 2011, an HSUS investigation into Tennessee walking horse trainer Jackie McConnell’s stable in Collierville, Tenn., revealed shocking cruelty to horses. The investigator recorded horses being whipped, kicked, shocked in the face, and burned with caustic chemicals. As a result of that investigation, a federal grand jury handed down a 52-count criminal indictment and a state grand jury indicted McConnell and two others for 38 counts of criminal animal cruelty.

The crimes at McConnell’s stables would have never come to light had SB 1248/HB 1191 been enacted.

Facts

  • The HSUS placed a full-page advertisement in The Tennessean that includes quotes from ten Tennessee newspapers editorializing against SB1248.
  • Pacelle sent a letter to Gov. Haslam stating that if SB1248 is signed into law, “it may indeed backfire, and result in more public mistrust and skepticism about the workings of the Tennessee walking horse industry at a time when it is already suffering a drastic decline in popularity due to the stigma of soring.”
  • The HSUS and Rep. Gloria Johnson, D-Knoxville District 13, screened a television commercial at the state capitol showing footage from the undercover investigation into the Tennessee walking horse industry and calling on the governor to veto SB1248.
  • Of the 11 states that have introduced such ag-gag legislation in 2013, none have passed it.
Categories
Liberty and Justice

‘Ag-Gag’ on Guv’s Desk; AG Yet to Opine

Rep. Mike Stewart, who voted against the so-called “ag-gag” bill, is still waiting for an Attorney General’s opinion on the constitutionality of the legislation, which arrived on Gov. Bill Haslam’s desk only just at the end of last week.

Haslam has until May 15 to veto it, sign it or let it become law automatically without his endorsement.

The bill, sponsored in the state House by Andy Holt, R-Dresden, and in the Senate by Somerville Republican Dolores Gresham, requires anyone who films or photographs animal abuse to hand the material over to law enforcement within 48 hours. The Legislation passed both chambers last month.

Even though the bill passed the House on April 17, its last hurdle in the General Assembly, the speakers of the two chambers did not sign it until May 1.

Kara Owen, deputy chief of staff for communications and policy for House Speaker Rep. Beth Harwell, said it was a logistics issue. She said it was not uncommon when there are so many bills that pass the last few days of the session for there to be a delay in having them engrossed and sent to the proper speaker’s office for his or her signature.

On the day the bill passed the House, Stewart, a Democrat, asked for a state attorney general’s opinion “to see if it violates the first amendment as it relates to freedom of the press and how it will affect the proprietary rights to their work product such as video or photographs taken as part of the undercover investigation.”

As of Tuesday morning, no opinion had been issued by Attorney General Robert Cooper’s office. However, the Nashville legislator’s assistant Delano Brent said she did receive an email from the AG’s office that stated an opinion could be issued by Friday.

Supporters contend that the measure is meant to encourage whistleblowers to come forward and stop illegal treatment of animals as quickly as possible. Critics, however, argue that it is actually an industry protection law, created to stop journalists and animal rights groups from gathering enough evidence to prove cases of continuing abuse.

Holt told TNReport on the legislative session’s final day that after discussing the measure with Haslam, he’s confident that it would become law. He also defended the intentions behind the legislation, charging that the Humane Society of the U.S. was demonizing it to raise money.

“The truest intent of this bill is to protect animals – especially from ongoing investigations like we’ve seen many times in the past from HSUS,” Holt said. “This is a radical animal activist group that raises literally hundreds of millions of dollars.”

Rep. Susan Lynn, a Republican, voted against the bill saying it violates free speech and that it criminalizes those who are seeking to stop animal abuse. On the day of the House vote, Lynn said the bill “is coercion by government of the worst kind.”

Lynn said she talked to Haslam before the last session and asked him to wait before signing it until the Attorney General opinion had come back.

The Mt. Juliet representative also noted that the bill did not go through the House Judiciary Committee after the criminal statute was added to it as an amendment in the House Agriculture and Natural Resources Committee. She said that move was wrong.

Opponents to the bill include lawmakers on both sides of the aisle, the HSUS, as well as celebrities like Carrie Underwood, Emmylou Harris and Ellen DeGeneres. On Friday, members of the Clergy for Justice faith community delivered a letter to Haslam urging him not to sign it.

Last week, the governor said he had not made up his mind how he will proceed with the legislation. He said he sympathizes with farmers, while also understanding the arguments against it.

While the bill passed in the Senate 22-9, it passed in the House 50-43-2 on a razor’s edge. One vote less and it would have failed for lack of majority, making an override of a veto unlikely.

Amelia Morrison Hipps may be reached at amhipps@downhomepolitics.com, on Twitter @DwnHomePolitics or at 615-442-8667.

John Klein Wilson contributed to this story.

 

 

Categories
Press Releases

Ellen Degeneres, Humane Society to Haslam: Veto Ag-Gag Bill

Press release from the Humane Society of the United States, April 24, 2013:

April 24, 2013 – A campaign to persuade Tennessee Gov. Bill Haslam to veto legislation that would restrict taking photographs or video on industrial factory farms hit the national airwaves today as the head of The Humane Society of the United States appeared on the Ellen DeGeneres Show. HSUS President and CEO Wayne Pacelle asked viewers to call Gov. Haslam and urge him to veto SB1248 – a bill in one of 11 states to subvert animal welfare investigations.

The HSUS has launched a grassroots, social media and advertising campaign to encourage the governor to veto the controversial bill, which is opposed by a broad coalition of First Amendment proponents, animal welfare organizations, journalists and press associations, and a bipartisan group of Tennessee legislators who tried to halt the bill’s progress in the waning hours of the Tennessee legislative session.

“Ellen DeGeneres and I reminded her millions of viewers that these bills are a bald-faced attempt by agribusiness interests to close the curtains on inhumane and unacceptable practices and conduct on factory farms” said Pacelle. “We need more transparency, not less, in discussing animal production practices in our country.”

Lawmakers in Indiana, Nebraska, North Carolina, Pennsylvania and Vermont are considering bills similar to the legislation that narrowly passed in the Tennessee legislature last week.