Federal Court Upholds Iowa ‘Ag Gag’ Laws: A Win for the Country, Gov. Reynolds Says

"For too long, our farmers have battled with trespassers, people lying to get jobs, and hidden recording devices. But not any longer," says Iowa Attorney General Briana Bird.
"For too long, our farmers have battled with trespassers, people lying to get jobs, and hidden recording devices. But not any longer," says Iowa Attorney General Briana Bird.
(iStock compilation)

The Eighth U.S. Circuit Court of Appeals upheld the constitutionality of two of Iowa’s trespass laws on Jan. 8. 

“Today’s Court rulings are a landmark victory for Iowa farmers and property owners. Not only are Iowa farmers the backbone of our state, but they provide critical food and fuel that propel the rest of the country forward," Iowa Attorney General Briana Bird said in a statement. "For too long, our farmers have battled with trespassers, people lying to get jobs, and hidden recording devices. But not any longer. With today’s win, we will enforce Iowa’s agriculture trespass laws, strengthen security, and put those fears to rest."

In the past 12 years, Iowa has passed four laws that seek to protect farmers by making it illegal for animal activists to gain access or employment to agricultural production facilities with the intent to cause physical injury or economic harm.

The first, second and fourth laws had been struck down by courts as unconstitutional. The third law has been upheld in court. On Monday, the Eighth Circuit Court overturned the orders staying the second and fourth laws, reports the Des Moines Register.

717A.3B and 727.8A effectively make it illegal for a person to trespass on an agricultural property and record images or data. The laws had been subject to debate, after a federal judge struck down the laws in 2022, KCRG News reports. In 2019 and 2021, the Iowa Legislature passed the laws as a way to stop animal welfare groups from secretly filming livestock on the properties.

“I’m extremely pleased that the Eighth Circuit lifted a lower court injunction and paved the way for Iowa’s two trespass laws – Iowa code sections 717A.3B and 727.8A – to be enforced," Iowa Gov. Kim Reynolds said in a statement. "This is a win for both Iowans and the country. Iowa farmers feed and fuel the world and are an essential part of the global food supply chain. No longer will people be able to gain access or employment to agricultural production facilities with the intent to cause physical injury or economic harm. We will always stand up for the security and safety of our farmers and their land.”

Read More:

NC Attorney General Urges SCOTUS to Take Up Ag-Gag Law

Kansas' 'Ag-Gag' Law Denied a Revisit by Supreme Court

“Targeted” Law in Iowa Ruled Unconstitutional by Federal Judge

 

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