Kansas “Ag-Gag” Law under Fire


The Animal Legal Defense Fund has brought suit against the state of Kansas maintaining that the Farm Animal and Field Crop and Research Facilities Protection Act is unconstitutional.


In past years, the ALDF has succeeded in setting aside Ag-Gag laws in Idaho and Utah and is now addressing the Kansas statue enacted in 1990.  The complaint has been filed in the U.S. District Court in Kansas and is assigned to Senior U.S. District Court Judge Kathryn H. Vratil appointed to the Federal bench in 1992.


The relevant section of the Kansas Act states, “Under the Act, no person shall, without the effect of consent of the owner and with the intent to damage the enterprise conducted at the animal facility, damage or destroy an animal facility or any animal property in or on an animal facility.  A person is also prohibited from exercising control over an animal or property.  The act makes it illegal for a person to enter an animal facility that is not open to the public, take pictures or video.”  An illegal entry that involves taking pictures or video is a Class-A non-person misdemeanor.


The Legal Director of the California-based Center for Food Safety noted, “The 30-year old law has silenced whistleblowers seeking to protect animals from cruelty.”