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Environmental activists could face criminal charges for acts as
simple as peaceful protests and leafleting activities if House Bill
213 is passed by the Senate. The bill, which was passed by the House
in March, singles out environmentalists and animal rights activists
and describes environmental protest that borders on civil disobedience
as “ecoterrorism.” However, the bill is so broadly written
that it could put a damper on normal free speech exercised by Sierra
Club members and other, non-violent citizens.
The Bill defines “Ecoterrorism” as the act of intimidating
an individual who is lawfully participating in activities involving
animals or natural resources, or obstructing an individual from
so participating. Due to the generally broad nature of these terms,
constitutionally protected activities such as passing out pamphlets
in front of businesses or conducting a petition-signing campaign
at a threatened wildlife reserve, could subject activists to misdemeanor
or felony penalties.
On June 6th, the Senate Judiciary Committee held a hearing to consider
all sides on the bill in order to come to a resolution. At the hearing,
proponents of the Bill cited statistics about damage to animal research
labs and SUV dealerships, and specifically called attention to acts
of destruction by extremist groups Animal Liberation Front and Earth
Liberation Front. Special Agent in Charge with the Federal Bureau
of Investigation in Philadelphia, John Eckenrode, stated that these
and other similar groups are the “most serious domestic terrorist
threat to the United States and have caused over $9 million in damage.”
We wonder if Mr. Eckenrode understands that most terrorists are
neither environmentalists nor animal rights activists.
Opponents of HB 213 expressed concern about the overreaching terminology
in the bill, which could discourage law-abiding citizens from speaking
out and would ultimately have a chilling effect on the public’s
freedom of speech. Lawful activities such as picking up injured
pigeons to take to the veterinarian after pigeon shoots might also
be considered “terrorist,” as could undercover investigations
of suspected puppy mills.
The Pennsylvania Chapter submitted a written statement to the Senate
Judiciary Committee echoing the concerns voiced by other opponents
about the overbroad language and countered proponents’ arguments
that the Bill would deter future acts of destruction. Rather than
introducing an entirely new bill, we suggest that the legislature
amend already existing statutes criminalizing similar activity.
The Chapter’s statement concludes by referring to the glaring
discrimination that is present in the bill. As drafted, the bill
targets activities of groups that are involved in environmental
or animal rights issues, and fails to address analogous activities
of other groups, such as the NRA or anti-abortion organizations.
Thus a member of the NRA may participate in the same exact act of
peaceful protest as that of an environmentalist, but only the environmentalist
would be subject to related criminal penalties. It is clear that
HB 213 is bullet aimed directly at environmentalists.
What You Can Do:
Visit, telephone, write, or email your Senator and urge him/her
to oppose House Bill 213 because the bill is:
• oppressive to constitutionally protected activity,
• prejudicial against the environmental movement, and
• ineffective crime prevention.
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