Legislation Criminalizes Environmental Activism in “Ecoterrorism” Bill

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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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