The U.S. “Open”

by Paul Shapiro

The Animals' Agenda, July/Aug. 2001, Volume 21, Number 4, page 27

At a small conference on direct action in 1999, Australian activist Patty Mark introduced many U.S. activists to the concept of open rescues. Most participants in the conference were accustomed to the "traditional" notion that people who rescue animals ought to act clandestinely so they can avoid detection and arrest and continue to free as many animals as possible. So when confronted with the idea that people can freely admit to rescuing animals, many—if not most—of the conference participants seemed somewhat skeptical.

However, any reservations held by the U.S. activists were quickly dispelled after video footage was shown not only of Action Animal Rescue Team's open rescues, but also of the positive media coverage the rescues received. By the end of the conference, the notion that open rescues would take place in America seemed inevitable; the only remaining questions were who would do it and when?

The general sentiment seemed to be that open rescues were working well in Australia, but the United States was not nearly as animal-friendly as the land down under. Any U.S. pioneers of open rescues would be taking a great risk. But the success of the tactic in Australia proved to be too great a temptation. In January, members of Compassionate Action for Animals openly rescued 11 hens from an egg farm in Minnesota. So far, there has been no talk of prosecution. Likewise, in May, after a month-long investigation, members of Compassion Over Killing (COK), a grassroots animal rights organization in Washington, D.C., openly rescued eight hens from a factory farm in Maryland ("A Battery of Evidence," May/June 2001).

News of COK's investigation and rescue was sent around the world as the Washington Post, USA Today, Associated Press, United Press International, local affiliates of CBS and Fox, Takoma Voice, and other outlets all ran positive stories focusing on allegations of abuse in the egg industry rather than on the activists themselves. Despite heavy media coverage of the rescue and its preceding investigation, none of the COK activists have been arrested.

How is it that activists can videotape themselves freeing animals, circulate the tape, and avoid prosecution?

Before ever entering the factory farm, COK sent a letter to International Standard of Excellent (ISE) and requested a tour of its egg facility in Cecilton, Maryland. After getting no response, we began a covert investigation, documenting egregious instances of cruelty and neglect. Instead of immediately rescuing animals, we first contacted the local authorities and requested that ISE be prosecuted for animal cruelty. After again getting no response, we were forced to provide aid to sick and injured hens, including rescuing eight who needed immediate veterinary care.

Clearly, the paper trail left behind enables activists to employ a "necessity defense" if prosecuted. This is used when it is clear that the defendant broke a law, but was justified in doing so because there were no legal options open, and the harm done by breaking the law was less than if the defendant had not done so. A classic case of the necessity defense is the husband who speeds while driving his wife to the hospital because she is in labor. By exhausting our legal means, and since the hens would have died without our air, it's possible that a sympathetic judge would allow us such a defense.

However, why would the industry want to prosecute? Most open rescues garner negative media attention for the targeted industry; having a trial with the enormous potential to turn political would only further tarnish the industry's reputation. Moreover, in more open rescues, the financial worth of the missing animals is virtually nothing.

Open rescues are still very new to the United States, and it's probably too early to gauge their usefulness here. COK's action was extremely successful-thousands of people visited our web site, www.ISEcruelty.com, after the media stories broke, and hundreds ordered free Vegetarian Starter Guides from that page. More importantly, eight lives were dramatically altered, going from complete misery to freedom and safety. Those eight hens—who are all still alive and well—will act as ambassadors for all egg-laying hens, and their story will encourage more Americans to adopt a gentler, more compassionate lifestyle by going vegan. In the meantime, COK and other organizations will continue exposing the injustices and cruelties committed by agribusiness in the hopes of building a world where all sentient beings can live free from tyranny, regardless of their species.

Paul Shapiro is the campaigns director for Compassion Over Killing. A copy of COK's 18-minute documentary on the investigation and rescue, Hope for the Hopeless, is available here.