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A 2007 poll conducted by Oklahoma State University revealed that 95 percent of Americans said it was important to them how farm animals are cared for. Subsequent efforts to remove transparency about how farm animals are treated have failed miserably at state legislatures across the country.

Knowing the public cares about the humane treatment of farm animals, there is now a new breed of “anti-whistleblower bill” that threatens animal welfare and worker and food safety. Senate Bill 221, introduced this year by Sen. Cliff Pirtle, illustrates this latest anti-whistleblower tactic: the “quick reporting” mandate.

The bill seeks to amend the livestock injury section of state statute and would require anyone making a recording of injury to farm animals to turn over all recordings to law enforcement officials within 24 hours.

At first glance, this appears to ensure rapid notification of law enforcement about animal cruelty. But, after closer examination, it is clear the legislation is really a sneak attack on the abilities of employees to report significant abuses, not only of farm animals, but also violations of worker and consumer safety protections.

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By requiring immediate relinquishment of recordings, this deceptive bill undermines a whistleblower’s ability to expose patterns of violations or violations by more than one person, something that can require investigations over weeks or even months.

The bill threatens to derail the careful and disciplined work of someone trying to document abuses in our state. In allowing only single acts of abuse to be revealed and in preventing any significant, long-term documentation, the legislation gives a free pass to unlawful businesses, which can simply waive away “one-time” violations, firing individual “bad actor” employees, while doing nothing to address continued, institutionalized abuses.

Protection of workers, farm animals and the consumer are very real issues in New Mexico and what is at stake is the ability of people to bring abuses to light. Last fall’s highly publicized exposé at a New Mexico dairy highlights society’s need for whistleblowers.

In September 2014, Mercy for Animals, a California-based animal rights organization, released a video made by workers over two months at Winchester Dairy in Dexter.

In a nearly three-minute video, dairy workers are seen brutally punching, kicking, stabbing and whipping cattle, including animals on the ground or unable to lift their heads. Employees are seen harshly lifting cattle with mechanical loader arms. Finally, the video documents horrific separation of calves from mothers, including one instance of an unborn calf ripped from his mother’s body via chains, pulling so roughly that one of the calf’s legs snaps off.

Upon the video’s release, reaction and condemnation was immediate. Leprino Foods, a buyer of milk from the dairy and a national supplier of cheese to pizza chains, immediately ceased purchases from the dairy; Pizza Hut, one of Leprino’s clients, publicly called for the prosecution of the individuals in the video.

The New Mexico Livestock Board launched an investigation, later sharing the evidence with the District Attorney’s Office in Chaves County.

Beyond the chilling effect on investigations threatened by “quick reporting” legislation, analysis of similar bills in other states has revealed significant potential violations of the U.S. Constitution. The Tennessee Attorney General’s Office said “quick reporting” legislation was likely in opposition to the First Amendment in imposing prior restraint and burdening legitimate news gathering, and may violate a person’s Fifth Amendment right against self-incrimination.

Legal analysis of similar New Hampshire and Arizona bills has also questioned the constitutionality of these policies. The New Mexico attorney general has highlighted First Amendment and other issues with SB 221 in its analysis of the bill.

Senate Bill 221 is a self-serving, dangerous attempt by an industry to protect its bottom line at the expense of constitutional rights and our system of law enforcement that protects animals and the public. Stand up for whistleblowers who protect innocent animals, workers’ rights and food safety. Contact your senator to oppose SB 221.