Cross-posted from Medium.

Late last month, the City Council of Berkeley, California banned the sale of new fur apparel items within city limits. The ban is the second of its kind in the United States, following a 2013 ban in West Hollywood, California.

The group responsible for the ban is Berkeley Coalition for Animals (BCA), an all-volunteer legislative advocacy group of which I am secretary.

Many animal rights advocates have asked how a small all-volunteer group with zero funding achieved success with the Fur Free Berkeley campaign. This case study can help provide a template for those wishing to sponsor animal rights or other altruistic legislation in their jurisdictions.

tl;dr:

Key components were

cultivating relationships with sympathetic council members we thought would be sympathetic to animal rights legislation, and

utilizing a proven template for the bill.

Background

Fur-bearing animals suffer horrendously. You can learn about these atrocities, and appreciate animals’ perspectives on the conditions they are forced to live in, by visiting the webpages of Fur Free Berkeley and PETA, among others.

You can learn about these atrocities, and appreciate animals’ perspectives on the conditions they are forced to live in, by visiting the webpages of Fur Free Berkeley and PETA, among others. Very few stores in Berkeley sell fur apparel of any sort. This meant that we faced little opposition — a very different situation than that in West Hollywood, which had numerous high-price venders of new fur apparel.

sell fur apparel of any sort. This meant that we faced little opposition — a very different situation than that in West Hollywood, which had numerous high-price venders of new fur apparel. West Hollywood, California passed a ban on the sale of new fur apparel in 2011 (effective 2013). Since WeHo’s law had both been written with careful scrutiny and successfully challenged in court, we needed not agonize over language nor recruit a legal team to finalize or defend the bill.

the sale of new fur apparel in 2011 (effective 2013). Since WeHo’s law had both been written with careful scrutiny and successfully challenged in court, we needed not agonize over language nor recruit a legal team to finalize or defend the bill. The Fur Free WeHo campaign was a many-months-long effort and very contentious, due to the plethora of fur vendors there, according to West Hollywood Campaigner Ed Buck. The ban became a campaign item for John D’Amico’s successful 2011 bid for City Council. (More details on the vote here.) The West Hollywood law was successfully defended in federal court in 2014.

was a many-months-long effort and very contentious, due to the plethora of fur vendors there, according to West Hollywood Campaigner Ed Buck. The ban became a campaign item for John D’Amico’s successful 2011 bid for City Council. (More details on the vote here.) The West Hollywood law was successfully defended in federal court in 2014. Similar campaigns are ongoing in other places, including Los Angeles and Israel. Several European countries including the UK, Austria, the Netherlands, Croatia, Slovenia, Bosnia and Herzegovina, Serbia, and Macedonia have banned fur production.

are ongoing in other places, including Los Angeles and Israel. Several European countries including the UK, Austria, the Netherlands, Croatia, Slovenia, Bosnia and Herzegovina, Serbia, and Macedonia have banned fur production. The Berkeley bill tracked the West Hollywood law almost verbatim. However, during the first hearing, City Council members made two changes, one that strengthened the ban and one that marginally limited its application. First, whereas in West Hollywood nonprofits are exempted from the ban, in Berkeley they are not. Second, Berkeley council members insisted on an exempting sheep and cow furs. We encourage would-be followers to use the West Hollywood definitions .

tracked the West Hollywood law almost verbatim. However, during the first hearing, City Council members made two changes, one that strengthened the ban and one that marginally limited its application. First, whereas in West Hollywood nonprofits are exempted from the ban, in Berkeley they are not. Second, Berkeley council members insisted on an exempting sheep and cow furs. . The sheep fleece and cowhide exemptions in Berkeley were squeezed into the definitions provided in its bill, complicating the original definition, which came from the US Federal Trade Commission’s Fur Products Labeling Act. This was a last-minute surprise pushed in by Councilmember Sophie Hahn. At nearly midnight during the bill’s first reading, enough of the councilmembers were persuaded and/or untroubled by her exceptions to vote for her amended version of the bill. Failed attempts by both BCA and sponsoring Councilmember Worthington to negotiate these exceptions away gave way to the bill’s being eventually moved to the consent calendar just before the Council’s summer recess. We decided to move on to larger battles. The lesson: don’t take representatives’ votes for granted, even if their support seems like a sure bet.

in Berkeley were squeezed into the definitions provided in its bill, complicating the original definition, which came from the US Federal Trade Commission’s Fur Products Labeling Act. This was a last-minute surprise pushed in by Councilmember Sophie Hahn. At nearly midnight during the bill’s first reading, enough of the councilmembers were persuaded and/or untroubled by her exceptions to vote for her amended version of the bill. Failed attempts by both BCA and sponsoring Councilmember Worthington to negotiate these exceptions away gave way to the bill’s being eventually moved to the consent calendar just before the Council’s summer recess. We decided to move on to larger battles. (Hahn introduced the exceptions for basically two reasons. First, she held that cows and sheep were already being farmed for reasons other than their hides, making sale of their skins acceptable. Our dissenting view is that two forms of exploitation don’t make a right; moreover, the sale of skin-and-hair as a byproduct still does plausibly increase overall demand. Second, Hahn maintained that sheep fleece is one of a few “pure” materials to which certain people, including babies, would not be allergic, and that it should stay legal for that reason. We dispute both this claim’s factuality and its relevance.)

Public support for the bill was substantial. Our Change.org petition garnered over 5,000 signatures from around the world, and at least 60 people from around the Bay Area wrote to the city council in favor of the fur ban, thanks to alerts from PETA’s mailing list. One councilmember mentioned being overwhelmed by the number of emails she got.

for the bill was substantial. Our Change.org petition garnered over 5,000 signatures from around the world, and at least 60 people from around the Bay Area wrote to the city council in favor of the fur ban, thanks to alerts from PETA’s mailing list. One councilmember mentioned being overwhelmed by the number of emails she got. Berkeley’s ban passed its first reading on March 28, 2017, and became law after the second reading on July 25.

Key Strategies

Building relationships with key councilmembers and then-candidates was the most important factor in both introducing and passing the law. Through the personal relationships we cultivated with Councilmembers Worthington, Harrison, Bartlett, etc., we not only brought the issue to their attention but demonstrated that thoughtful, connected residents of their city and districts were concerned about making progress for animals.

with key councilmembers and then-candidates was the most important factor in both introducing and passing the law. Through the personal relationships we cultivated with Councilmembers Worthington, Harrison, Bartlett, etc., we not only brought the issue to their attention but demonstrated that thoughtful, connected residents of their city and districts were concerned about making progress for animals. Berkeley is an above-average place to attempt pathbreaking legislation for several reasons. First, because there a political history and climate of trend-setting movements and laws (from the Free Speech and Anti-Vietnam War movements to the first curbside recycling program to 2014’s soda tax). Second, it among the very most left-leaning cities in California and the USA. Third, the 2016 election saw a major gain for progressives on Berkeley’s City Council, with progressives gaining 6 of 9 seats including the mayorship. It helped that our impression was they would vote as a bloc (which turned out to be only partially true for this bill).

Advice

What should you do if you want to pass similar animal protection legislation in another jurisdiction in California, a different U.S. state, or elsewhere?