The Right To Rescue Or Criminal Trespass And Theft?

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Fox Rothschild LLPDirect Action Everywhere practices what it calls “Open Rescue” which involves criminal trespass and stealing animals raised by farmers, ranchers and breeders, and believes such conduct should be legal because they are opposed to raising animals for food and biomedical research.

The animals rights group has worked with councilpersons in California to introduce resolutions that support, if not applaud such conduct, as the Right to Rescue, and call for leniency for several members facing criminal charges and potential imprisonment.

The animal rights group reported on its website that the

“Berkeley City Council became the first legislative body in history (that we are aware of) to support the #RightToRescue.

On December 10, 2019, the City Council voted for a version of the original resolution submitted, with floor amendments, recorded on the video of the meeting.  DxE is expected to use the resolution to support its position that its members may enter animal facilities if they believe animals are not being humanely treated.   The resolution describes unlawful conduct as laudatory acts to save animals from mistreatment.

“148 activists have been arrested in Sonoma County while trying to document the conditions of commercial animal operations and rescue nonhuman animals therein from thirst, starvation, injury, and illness . . .

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Mayor and City Council hereby declare that the 21 individuals being prosecuted in Sonoma County were acting under penal code 597 (e) to provide domestic animals with sufficient food and water and attempting to expose the abuses of nonhuman animals in commercial animal operations.

BE IT FURTHER RESOLVED that the Mayor and City Council encourage the Sonoma County District Attorney to dismiss such prosecution or exercise leniency, and to devote the resources that could be saved from these actions to instead investigate and prosecute potential violations of the law in commercial animal operations in Sonoma County.

If such unlawful conduct were to become accepted by the mainstream and offenders were not properly punished, animal enterprises will be in great jeopardy.

Instead, perhaps these offenses should be considered violations pursuant to the Animal Enterprise Terrorism Act.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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