Terrorism bill would stiffen penalties for animal rights threats

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Terrorism bill would stiffen penalties for animal rights threats

 

 

By CARRIE SPENCER

Associated Press Writer

 

March 29, 2005, 5:56 PM EST

 

COLUMBUS, Ohio -- A terrorism bill would add Ohio to a growing number

of states seeking harsher penalties for attacks by animal rights

activists and environmentalists, including those against dog food

makers, farms where animals are caged and university animal labs.

 

Arson, vandalism, assault, break-ins and other tactics used by

extremists already are illegal. A national group of conservative state

lawmakers has been promoting laws creating a separate offense of

ecoterrorism since 2003, when California passed such a law. Similar

bills have died in Texas and Arizona, and others are pending in

Pennsylvania, New York and Missouri.

 

Sponsors say the bills are needed because of fire-bombings at ski

resorts and new subdivisions, break-ins to free disease-carrying

laboratory animals and threats against corporate executives and their

families.

 

The Humane Society of the United States opposes using violence in the

name of protecting animals but considers the bills too broad, lobbyist

Julie Janovsky said. The New York and Missouri proposals would outlaw

videotaping without permission at farms and labs.

 

" At the root they are trying to prohibit investigations into animal

cruelty, " Janovsky said.

 

Sen. Jeff Jacobson included the animal language in a bill that would

outlaw many activities considered domestic terrorism, such as donating

money to groups on the U.S. State Department's list of terrorist

organizations. No particular animal rights attack in Ohio inspired

him, he said. He found the language in an Arizona bill on the Internet.

 

" I was drafting this about the time there were home bombings and SUV

bombings (elsewhere), " the Dayton-area Republican said.

 

Jacobson said he would work to ensure the animal provisions apply only

to felonies. His bill would add attacks on lawful animal activities

such as farming, food processing and hunting to the list of offenses

that could be prosecuted under state racketeering law, allowing the

state to seize assets after a conviction, or sue if the suspect is

acquitted.

 

Democratic Gov. Janet Napolitano vetoed Arizona's bill a few weeks ago

as too broad.

 

A 1992 federal law forbids interfering with " an animal enterprise " but

enforcement is difficult, said FBI Special Agent James Turgal, who

heads the agency's Ohio terrorism unit. He said the state ecoterrorism

bills could allow more federal terrorism prosecutions under the

Patriot Act.

 

Only small percentage of the FBI's active terrorism investigations in

Ohio involve environmental activists, but they are increasing, he said.

 

" Ohio has a significant number of companies and research facilities

that are very large targets for these terrorists, " Turgal said.

" Nowadays they're bypassing the warm and fuzzy protester types of

activities and going straight for the criminal activity. "

 

The states take varied approaches.

 

Besides the photography ban, the proposed bill in New York _

considered the toughest by the Humane Society _ would ban any attempt

to impede animal research or commerce, forbid financial donations to

" animal or ecological terrorist organizations " and create a registry

of such groups.

 

Missouri's anti-photography bill, introduced this month, would expand

a state law that bans damaging or stealing records from animal and

research facilities.

 

Pennsylvania's bill, like Ohio's, creates harsher penalties for people

convicted of vandalism, assault or other offenses if they involve

intimidation or obstruction of legal research and commerce involving

animals and natural resources.

 

A Washington state law against damaging animal laboratories has a

separate declaration that it gives " full consideration to the

constitutional rights of persons to speak freely, to picket, and to

conduct other lawful activities. "

 

Nathan Runkle, head of Mercy for Animals, a Columbus-based animal

rights group that has videotaped conditions at egg farms, said he

fears Ohio's bill would infringe on lawful, peaceful demonstrations.

 

Activists had the same concerns before the California law took effect

in January 2004. The San Diego-based Animal Protection and Rescue

League had filmed ducks and geese being force-fed several pounds of

corn mush to fatten their livers for foie gras. The tapers pleaded

guilty to trespassing, but the video helped a successful campaign for

the state to outlaw force-feeding.

 

The group is still taping and protesting a year later, member Kath

Rogers said.

 

" It hasn't really affected us too much, " she said. " It's pretty much a

misdemeanor either way. "

 

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On the Net:

 

Ohio Senate Bill 9:

http://www.legislature.state.oh.us/bills.cfm?IDP>126_SB_9

 

Model legislation fact sheet:

http://www.alec.org/viewpage.cfm?pgnameP>2.59951

 

Humane Society: http://www.hsus.org/legislation_laws/state_legislation/