Saturday, August 29, 2009

National Lawyers Guild offers resource for animal welfare activists

http://www.examiner.com/x-3605-DC-Animal-Welfare-Examiner


Animal welfare activists have found a friend in the legal system. Due to the intense scrutiny and increased investigations into animal rights workers, the National Lawyers Guild (NLG) has created a free online legal guide, "Operation Backfire: A Survival Guide for Environmental and Animal Rights Activists." This 16-page document explains why there has been such a recent interest in the work of animal advocates, and the rights of those who find themselves under investigation.

According to the booklet, recently enacted laws such as the Animal Enterprise Protection Act (AEPA)and the Animal Enterprise Terrorism Act (AETA) "impose more serious sanctions for certain crimes if committed by animal rights activists. In some cases, the laws criminalize traditionally protected First Amendment activities. Prosecutors often request "terrorism enhancements" to extend prison sentences in cases involving animal rights and environmental activists." While these laws have only been used in the legal system in four specific cases in the past five years, the NLG warns that law enforcement officials will be increasing their use as the interpretation of the law expands over time.

Following an explanation of these two laws, the consulting lawyers provide eight full pages of guidance on what activists can do if put in precarious situations with law enforcement. While the document clearly states that these issues must be evaluated individually, they make a distinct point to identify its benefits. "Remember that you have the right (some movement lawyers and activists would say that you have a moral imperative) to stand up to FBI agents and other law enforcement officials. In case after case, informed resistance to intimidation tactics has brought positive results-sometimes just saying that your lawyer will contact them is enough to stop future visits or inquiries. Grand jury non-cooperation has often resulted in no additional subpoenas being issued. Every activist who takes a courageous stand makes future resistance easier for all."

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