It’s time to abolish North Carolina’s “Ag-gag” law. A coalition of national interest advocacy groups recently sued in a North Carolina court to get the newly effective “Property Protection Act” declared unconstitutional.
This law, in effect as of Jan. 1, punishes employees that document, record or reveal company data to uncover company wrongdoing. Employers can now sue these “whistleblowers” for up to $5,000 per day in damages.
This bill became a law last summer after Gov. Pat McCrory’s veto was overridden by both the House and the Senate in less than an hour, despite McCrory’s objections. The governor was concerned that this environment would discourage employees from reporting illegal activity in the workplace due to potential civil penalties.
Primary sponsor of the bill Rep. John Szoka (R-45) justified the bill by citing an event from 1992 where ABC journalists secured employment at Food Lion to allegedly release sensationalist fictional stories on the sale of spoiled meat and fish. Despite citing the need for protection from these acts, he failed to provide any more recent or specific examples to suggest that this is a widespread or pressing issue in North Carolina.
It’s clear that this isn’t about protecting property. This law is about protecting businesses from the general public and the press. It squashes awareness of criminal and inhumane action within factory farms, elderly homes and daycare centers, to name a few. Just last year, McCrory signed a bill that would prevent abuse at social service facilities after Burt Powell, a special needs adult, was sexually abused by a manager in a nursing home. With the Property Protection Act in place, employees that report such actions will now face lawsuits from their employers. How does this help protect vulnerable populations?
Now coined the “Ag-gag bill” by the opposition, this law effectively chokes First Amendment rights by violating free speech, freedom of the press, right to petition and due process, among others. Nathan Runkle, president of Mercy for Animals, posits that this law clouds transparency in food production, perpetuates animal cruelty, violates worker rights and threatens environmental safety.
Mercy for Animals, a major animal activist group, had recently produced video footage of a worker at a North Carolina poultry plant kicking, throwing and stomping on chickens. The poultry company thanked the group for bringing to their attention what they called “clear animal abuse” and the courts successfully prosecuted the worker. Under the new legislation, this would no longer be possible; the undercover activist who filmed the abuse would be sued.
This legislation demonstrates a clear alliance between legislative interests and corporate animal agriculture interests. It is no surprise, given that industries such as hog farms are so prominent in this state, but it is disappointing that they have so easily infiltrated our legislative process, putting human and animal bodies at risk to protect corporate interests.
Paul McCartney’s famous quote rings true: “If slaughterhouses had glass walls, everyone would be vegetarian.” If factory farms operate ethically, why would they go to such lengths to ensure the average consumer knows nothing about their procedures?
Furthermore, if we as consumers choose this kind of ignorance, what does that imply about our own abilities to permit this kind of cruelty and abuse? Who can stomach such a meal knowing their pork chop or chicken breast is a product of months of agony, violence and, ultimately, systematic killing?
To hold ourselves accountable is to hold our legislators accountable. Other states such as Iowa and Idaho are now seeing their “ag-gag” laws challenged in court on constitutional grounds. With any luck, North Carolina’s will be next.
