Why my prosecution is a win for the animals and the movement
*If you are unfamiliar with my case, I recommend that you read my interview with Will Potter over at Green is the New Red for some background first.
*Like my Facebook Support Page to keep updated on further developments in the aftermath of this case and as this campaign to end cruel farming practices continues.
Also a few disclaimers: I was in a small County Jail for a relatively short period of time. I speak from my own personal experiences and should in no way discount or belittle the experiences and conditions in other facilities such as State or Federal prisons.
Recently, I spent a month in jail on trespassing charges for documenting conditions at a foie gras production facility in southern NY called Hudson Valley Foie Gras (HVFG) as a volunteer with the Animal Protection and Rescue League. As of today, I have been out of jail for eight weeks. While I’ve chatted about it with friends, acquaintances and even strangers, I feel that in a way, I’m still processing it all. Nevertheless, here are a few of my thought processes as I celebrate this milestone of freedom. First of all:
Let’s dismantle the limiting belief that these places are impenetrable
We’ve heard it again and again that since this or that action or campaign, this or that farm or laboratory really tightened things up, almost to the point of becoming a movement trope.
When I entered Hudson Valley Foie Gras, the only ninja skills needed were to jump over a rain-swollen ditch (and knowing when to retreat to the car just before a raging storm ripped through, conveniently taking out a pesky floodlight, but that’s another story). No fences were scaled, no locks were picked. The place was wide open. In fact, I have long assumed that the farm initially chalked those missing ducks to a brave coyote dragging them off through the shed doors, which were left wide open all night.
These places that are confining, mutilating, and killing animals are benefiting from this self-perpetuated myth among activists that “no one” can get in or that some institution or other is untouchable. Let them feel cocky and impenetrable or let them feel constantly nervous of breaches. Both attitudes are advantages to us as activists in different ways. But let us dispense with these limiting beliefs and hesitations. Every week, activists are getting hired at factory farms, getting tours of laboratories, and posing as tourists at roadside zoos. You could too.
Any place that is doing nasty things to animals will eventually be exposed in one way or another and will bear the brunt of public scrutiny. These places are not fortresses and they are not infallible. The animals are waiting for more of us to figure this out.
Prosecuting Open Rescue Activists makes the abusers look worse than they already do
The famous agitator Saul Alinsky, in his book Rules for Radicals (which I read through twice while in jail, it’s a quick read) wrote that activists should be on the lookout for opportunities to “…bait the establishment so that it will publicly attack…”. This, he said, was a twofold victory. Getting the big bad industry to publicly attack an individual organizer would not only boost the activists credibility as an organizer, but served to bring the fight into the public arena.
This strategy held true on both accounts.
Throughout this legal battle, HVFG made misstep after misstep. Through the course of my prosecution, the authenticity of the video footage I collected was confirmed. My prosecution further exposed the real, brutal truth of the lives of ducks in foie gras production, mobilizing dozens of people to write, call and protest the few remaining establishments that continue to serve the cruel product.
Further embarrassing themselves, HVFG made claims that undercover footage documenting the conditions of the animals on their farm was responsible for the loss of millions of dollars in profits, the passage of the foie gras ban in California, and the tarnishing of their reputation.
Now, I know HV tried to pin it all on me to strengthen their case and justify sentencing me to jail time, but I can’t claim even a small part in getting the ban in California passed. In reality, dozens of national and grassroots animal advocacy organizations have foie gras campaigns, including Compassion Over Killing and Mercy For Animals, who have each conducted their own hard-hitting undercover investigations and resulting campaigns. Let’s not forget the hundreds of grassroots activists too, who write letters, negotiate with chefs and organize protests, all in their spare time.
The more interesting thing is, the farm made this huge misstep before. In 2004, just a few months before I graduated high school, Sullivan County DA’s office prosecuted two activists from gourmetcruelty.com for their part in investigating and openly rescuing several ducks at HVFG. They too were initially charged with felony burglary charges, which were subsequently dropped to trespass amid a flurry of media coverage and an uptick in anti-foie gras activism.
These two activists avoided jail time and created a media frenzy that helped push the foie gras ban in California through. No doubt this really ticked off the District Attorney’s office and the farm, which is likely why they were so adamant that I not get off as light as they did by demanding I serve jail time. Now, I don’t wish prosecution or incarceration on anyone, but really;
This is all they can do?
I’m going to be blunt: I hope that my story might result in a decreased fear of prosecution and incarceration that has gripped the activist community for the past decade. Most activists will never do anything to warrant an arrest, the remainder will l never even get caught.
Some will. It’s not the end of the world. In fact, in some circumstances, it can be a tremendous opportunity for personal growth and the strengthening of the movement.
Just take a look at all the supportive cards and letters I received. I was sent so many books, I couldn’t even carry them all out on my own the day I was released, despite having given many away to other inmates.
My time in jail was well spent as an individual and as an activist. It is hard to match times in my 15 past years as an activist when I have been able to say my actions resulted in so much media attention, or inspired so much solidarity action in other cities. Think about it- when otherwise can an activist be just sitting around playing Spades with their cell-mates have such an impact for the animals? I am aware of dozens of actions inspired by my case, from letter-writing parties (to restaurants that serve foie gras) to people who wrote and said their eyes were opened to the plight of farmed animals and asked how to get involved.
As an activist with outside support and a paid attorney, I entered jail with a host of benefits that became very obvious as I got to know my cellmates and their situations better. If anyone is questioning whether they could get through it, you could. If the eight-months pregnant girl can do it, you could too. If the woman with meth-teeth can do it, you could to. Hell, if I could do it, you could too.
Alinsky also said that a month or two is the perfect time for an activist to be incarcerated, that it would give the activist time to write, rest and reflect, but not keep them out of the fight so much that they couldn’t jump back in as soon as they got out.
It’s a win because I say it is
I have been asked at different points during my prosecution “Was it worth it?” I’m an activist. I have dedicated my life to this despite attendant financial and emotional hardships. Sometimes, especially prior to my indictment, I hesitated. Now I don’t have to hesitate. It was worth it and I do not regret putting myself out there to face the wrath of the state in order to make the point that these animals are individuals deserving of protection. As the sole defendant in this case, I kinda have all the say in the matter. Prosecuting me cost the farm much more than it cost me.
Prosecuting me also cost the farm much more than it cost the movement. Yes, my case racked up about $25,000 in legal expenses, but HVFG surely spent more on their own lawyers. In addition, they themselves claim to have lost millions of dollars in lost profits from the damage to their reputation that came along with all the media attention that, let’s face it, is never going to be in their favor.
My prosecution got the duck’s plight covered by the New York Times.The change.org petition to get my charges dropped was signed by almost 100,000 people. Hundreds of people donated to my legal defense fund. The DA’s office got so many calls concerning me at one point that they stopped answering their phones. Most important of all, due to the diligence of all of us activists, fewer and fewer establishments are comfortable having foie gras on the menu, which means fewer ducks are being force-fed and then killed.
Instead of striking fear into activists, we have all become more emboldened and dedicated to ending this despicable industry. That’s a win for the animals and the movement.
PS- That $25,000 in legal expenses I mentioned? We’re a still few thousand short. The Animal Protection and Rescue League has provided for my excellent legal defense. Please consider making a donation to their Cruelty Investigator Legal Defense.
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