KANSAS CITY, Kan. (Legal Newsline) – A national nonprofit animal protection organization and other nonprofits allege a Kansas law violates their constitutionally protected speech on a matter of "significant public concern."
Animal Legal Defense Fund, Center for Food Safety, Shy 38 Inc. and Hope Sanctuary filed a complaint on Dec. 4 in the U.S. District Court for the District of Kansas against Gov. Jeffrey Colyer and Attorney General Derek Schmidt, citing the First Amendment of U.S. Constitution.
According to the complaint, the plaintiffs are challenging the state's "Ag-Gag" law, which criminalizes undercover investigations and whistleblowing at animal facilities such as factory farms and research laboratories. The suit states the law has been in effect since 1990.
The plaintiffs allege they have been denied the opportunity to "expose the truth about Kansas's animal agriculture problem" and that the state "seeks to suppress investigations and the public’s ability to obtain information about animal agricultural operations," the suit states.
The plaintiffs seek a declaration that the law violates the U.S. Constitution, award of attorneys' fees, expenses, costs, and such other such relief as the Court may deem just and proper. They are represented by Michael D. Moss of Foley & Mansfield PLLP in Overland Park, Kansas, and other lawyers.
U.S. District Court for the District of Kansas case number 2:18-cv-02657-KHV-JPO