Lawsuit Targets Farm's Treatment of Sows

On the cover of the Tuesday, June 14, Los Angeles Times Business section (C1) there is a story headed," Lawsuit Targets Farm's Treatment of Sows; An activist group might learn at a hearing today whether it can proceed with its case against a pork producer."

It opens:

"California: home of unhappy sows?

"That's the question at the heart of a lawsuit that pits an animal rights group against a Central Valley pork farm over the living conditions of pregnant pigs.

"The suit, filed by Farm Sanctuary, which operates a shelter for rescued farm animals in Orland, Calif., has been wending its way through Los Angeles County Superior Court since September. In a hearing today, the group may learn whether it can proceed with its case, which seeks to apply the state's animal cruelty law to force Corcpork Inc. of Corcoran to stop housing its 9,000 pregnant sows in individual metal stalls.

"Farm Sanctuary says the sows, weighing 400 to 600 pounds, can suffer bone loss, joint damage and even depression as a result of spending most of their lives in containers barely larger than themselves."

We learn that "the case could set broad precedents" because "the outcome could determine whether the 35-year-old anti-cruelty statute can apply to farm animals. In addition, the case could serve as a test of Proposition 64, a voter initiative passed last fall that set curbs on lawsuits against businesses.

"Farm Sanctuary seeks to apply a provision of the anti-cruelty statute that makes it a misdemeanor to deprive an animal confined in an enclosed space of 'an adequate exercise area.' Sows in the 2-foot-by-6-foot crates can take two steps forward or backward at most and can't turn around or comfortably lie down on the concrete floors."

You can see photos of the types of stalls in question at: http://www.factoryfarming.com/gallery/photos_gestation.htm

Gene Bauston, president of Farm Sanctuary is quoted: "If you did this to a cat or a dog you would be charged with cruelty. But in the case of farm animals, we as a society have tended to look the other way."

We read that "Representatives of Corcpork and Clougherty... contend that the anti-cruelty law doesn't apply to farm animals and say the company's practices conform to industry standards."

Indeed The Federal Animal Welfare Act exempts animals used for food and the vast majority of pigs raised for meat are housed on factory farms. But Farm Sanctuary is hoping to apply California anti cruelty statutes.

The article unfortunately includes information that while accurate, is misleading. It tells us that "a lawsuit challenging the California dairy industry's 'Happy Cows' advertising campaign as misleading failed." That implies that the judge ruled that the campaign is not misleading. But, in fact, the lawsuit failed under the finding that government bodies, such as the California Milk Board, are exempt from fair advertising laws.

California recently passed Proposition 64, which "bans private parties from suing a business unless they were harmed personally and financially by the alleged misconduct." The article tells us that Corcpork will argue in Court today that the measure bars Farm Sanctuary's suit. We learn that "Courts have issued conflicting opinions in recent months about whether Proposition 64 applied retroactively to cases that were pending when it passed."

Once again, the American Veterinary Medical Association (a trade group for veterinarians that has close ties to the industrial farming industry) is arguing against the animals, with spokesperson Gail Golab telling us: "You can have good welfare in lots of different types of systems."

(Those who were not yet involved in animal protection in late 2003 might want to check out a Los Angeles Times op-ed I wrote with Peter Singer about a case in which 30,000 conscious hens were killed with a woodchipper. A member of the AVMA's animal welfare committee condoned the method as an appropriate way to slaughter spent hens. The piece is online at: http://www.dawnwatch.com/oped-december1-2003.htm)

You can read today's article, "Lawsuit Targets Farm's Treatment of Sows" online at:
http://www.latimes.com/news/local/la-fi-pork14jun14,1,1153142.story?coll=la-tot-promo OR http://tinyurl.com/7kmjx

It presents a great opportunity for pro-veggie letters to the editor. The Los Angeles Times takes letters at letters [at] latimes.com

Always include your full name, address, and daytime phone number when sending a letter to the editor. Shorter letters are more likely to be published.


(DawnWatch is an animal advocacy media watch that looks at animal issues in the media and facilitates one-click responses to the relevant media outlets. You can learn more about it, and sign up for alerts at http://www.DawnWatch.com. If you forward or reprint DawnWatch alerts, please do so unedited -- leave DawnWatch in the title and include this tag line.)