ANIMAL LEGAL DEFENSE FUND, PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, COUNTERPUNCH, AMY MEYER, WILL POTTER, DANIEL HAUFF, JAMES MCWILLIAMS, JESSE FRUHWIRTH Plaintiffs, v. GARY R. HERBERT, in his official capacity as Governor of Utah; JOHN SWALLOW, in his official capacity as Attorney General of Utah
Year Case Filed: 2013Jurisdiction Level: FederalCase File Num: 2:13-cv-00679-RJS Defense Attorney: Kyle J. Kaiser and Daniel R. Widdison, Office of the Utah Attorney GeneralDrafting Attorney: Stewart Gollan, Professor Justin Marceau, Matthew Liebman, Matthew Strugar,
Summary:
This complaint launches the first legal challenge to any ag-gag law in the United States. In it, the Animal Legal Defense Fund, People for the Ethical Treatment of Animals, Amy Meyer, and others argue that Utah Code Ann. § 76-6-112 is unconstitutionally overbroad, constitutes content-based discrimination in violation of the First Amendment, is preempted by the federal False Claims Act, and violates animal protection groups’ equal protection and due process.