Judge Throws Out Perdue’s Claims in Lawsuit Against Animal Activists

February 6, 2026, SANTA ROSA, CA -- Today, Sonoma County Judge Jane Gaskell adopted her tentative ruling, striking both causes of action brought by the national poultry giant Perdue Foods in a lawsuit against the animal rights network Direct Action Everywhere (DxE). Judge Gaskell also struck these causes of action for Perdue executive Scott Fitzpatrick. Perdue is now removed from the case and only two causes of action remain for Fitzpatrick. The lawsuit seeks a permanent injunction barring protests over animal cruelty outside the home of Scott Fitzpatrick, the Live Production Manager of Perdue’s California subsidiary, Petaluma Poultry. 

Perdue’s lawsuit is a classic example of a SLAPP suit, or Strategic Lawsuit Against Public Participation, and DxE filed an anti-SLAPP motion to dismiss the lawsuit, which Judge Gaskell partially granted with today’s ruling. California’s anti-SLAPP statute was passed to protect protesters from being subjected to frivolous lawsuits filed by wealthy corporations which seek to burden activists with legal costs and court appearances. The ruling entitles DxE to file a motion to recover reasonable attorneys’ fees from Perdue Foods and Fitzpatrick.

Judge Gaskell specifically dismissed the suit’s claims of civil harassment and intentional infliction of emotional distress. She ruled that these two causes of action failed as a matter of law because DxE’s conduct is constitutionally-protected protest activity. Judge Gaskell also noted in her ruling that animal welfare “appears to be an objective issue of public interest” and stated in court Friday that this “is a well known issue in Sonoma County.”

“This ruling confirms what activists have said from the beginning. Speaking out against animal cruelty is protected by the law,” said Almira Tanner, the Lead Organizer of DxE. “Perdue attempted to stretch emotional distress and civil harassment laws to prevent protests from exposing their unethical business practices. The court rejected those efforts. We will be appealing on the remaining two causes of action to continue defending the right to protest.”

DxE investigations into Petaluma Poultry operations have documented birds unable to walk and suffering from untreated infections, overcrowding, and slaughter practices that violate California animal cruelty laws. 

Prior to protesting outside Fitzpatrick’s residence, DxE activists had repeatedly emailed Mr. Fitzpatrick and other company executives requesting a meeting about their findings. They received no response. Activists have also protested at the Petaluma Poultry slaughterhouse dozens of times since 2018.