Posted on 16-5-2003

Public (the) Enemy In US Neo-Democracy
(Photo: Allen's bill would criminalize this 2001 protest by the Houston
Animal Rights Team in front of a Houston Burger King. (Photo courtesy
Houston Animal Rights Team))


AUSTIN, Texas, May 14, 2003 (ENS) - A bill pending in the Texas state
legislature that outlines penalties against criminal behavior by animal
rights protestors has critics concerned that it would outlaw all
environmental advocacy. Similar bills are pending in New York and
Pennsylvania. "We could be considered an eco-terrorist organization under
this bill because what we do is try to advocate for positive change at
state levels," says Julian Zelazny, director of the State Environment
Resource Center (SERC) in Madison, Wisconsin. SERC provides research and
tools for state lawmakers.

SERC opposes the legislation in Texas as do other groups, including the
Humane Society of the United States, the American Civil Liberties Union and
the American Society for the Prevention of Cruelty to Animals.

The bill, Texas HB 433, authored by Representative Ray Allen of Grande
Prairie, a Republican, would amend Chapter 28 of the state's penal code
with a section under the heading "Animal Rights and Ecological Terrorism."
The bill establishes as a crime obstructing "any lawful activity involving
the use of a natural resource with an economic value," including mining,
foresting, harvesting, or processing natural resources, or obstructing a
lab being used for research on animals, a circus, rodeo or zoo, if it is
done with "political motivation," or by someone "acting on behalf of an
animal rights or ecological terrorist organization." "Political
motivation," according to Allen's bill, means an intent to influence a
governmental entity or the public to take a specific political action.

The bill defines an animal rights or ecological terrorist organization as
"two or more persons organized for the purpose of supporting any
politically motivated activity intended to obstruct or deter any person
from participating in an activity involving animals or an activity
involving natural resources."

Zelazny calls the language "pretty cut and dried" when it comes to
eliminating many types of environmental activities. "If you look at the
language, all you need are two people to work in opposition to some
environmental or animal use action, and all they need to be doing is trying
to change people's minds or a government decision to be labeled
eco-terrorists." But Mike Flynn, director of policy for the American
Legislative Exchange Council (ALEC) in Arlington, Virginia, calls the
language appropriate and says it is a response to a growing problem that
needs its own category of legislation. ALEC works with member legislators
to craft model legislation, of which HB 433 is an example.

The bill's language is specifically intended to separate the volunteer who
writes a check to the local Sierra Club or other environmental organization
from someone who would commit acts of violence, Flynn says.

The language separates violent criminal actions from what some legislators
see as less serious offenses. "The fact that you are brought up on
trespassing charges is not same as if you are convicted of undertaking a
terrorist act," Flynn explains. "When these incidents come up, the local DA
[District Attorney] might not prosecute the violation. He might treat it
like some high schoolers caught in the mall after dark. We believe they are
more serious and deserve a more serious response."

Zelazny argues that those types of criminal activity are covered by current
laws concerning trespassing, vandalism and destruction of property. "What
they're targeting are folks who do destructive and malicious acts. Those
are already illegal, and none of the major environmental groups would
advocate it," he says. "We already have laws in the books to cover
everything," says Flynn. "But quite often legislators will create new
classes. This is a way to put more focus on it. A lot of legislators feel
there's not enough focus on enviroterrorism. "This is not the Sierra Club -
this is a group that will burn buildings or spike trees. By any definition,
these are terrorist acts," Flynn says. "Let's all agree that these people
are terrorists and move on."

In the Pennsylvania Legislature, Bill 599 creates a new offense,
"environmental harassment," for anyone who "communicates to another person
a threat to commit or cause to be committed a crime of violence dangerous
to human life or destructive to property or business practices for the
purpose of expressing a perspective on an environmental or natural resource
issue."

In the New York State Legislature, parallel bills in the Senate and
Assembly are more narrowly defined to keep protestors away from animal
research facilities and their operations.

Critics question a provision in the New York and Texas bills that would
create a record for each criminal offender that would be maintained on the
state website for three years.

"One of the visions is to set up an actual registry of people who have been
convicted," says Flynn. "It's important to note that it's only people
convicted, not people charged."

As it stands, Zelazny says, Texas HB 433 goes too far and would criminalize
legal and peaceful forms of protests. "It doesn't do what it says it does."

Flynn thinks critics are misreading both the intent and the language. "We
can worry about any legal statute because the definition of it is gonna be
incredibly vague. But it's still the act that drives what happens. They
still have to commit the acts. They still have to destroy property."

As of today, the Texas bill could become moot, as Democratic state
lawmakers are holed up in an Ardmore, Oklahoma motel in a protest against
Republican redistricting plans. Unless they return before midnight May 15,
bills currently in session most likely will not pass as it is the last day
for the House to consider bills and joint resolutions on second reading.

The absent Texas Democrats say they will return to the Capitol on Friday,
after the midnight Thursday deadline expires for the Republican
redistricting plan.