Yes on 2 sues Feds for devoting $3 million to oppose Prop 2

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Yes-on-2 sues Feds for devoting $3 million to oppose Prop 2

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Federal Officials Sued For Misappropriating Millions of Dollars to

Illegally Campaign Against California Anti-Cruelty Initiative

 

August 13, 2008

 

 

Yes on Prop 2 - Californians for Humane Farms, the proponents of an

anti-cruelty ballot initiative that will provide basic protections to

California farm animals, filed a lawsuit yesterday in federal district

court against the U.S. Department of Agriculture (USDA) and the

American Egg Board (AEB) over the unlawful expenditure of $3 million

in federal funds to campaign against the enactment of Prop 2 this

November.

 

Prop 2 will prohibit the most abusive factory farming practices in

California, and ensure modest animal welfare standards for farm

animals by allowing them simply to turn around and extend their limbs.

 

As reported in Egg Industry magazine, the AEB " unanimously passed a

motion at its 2007 fall meeting in California that $3 million be held

in reserve to assist the state if necessary in the industry's current

battle with animal activists [concerning] a referendum on the November

2008 ballot that would eliminate cage production in California. "

 

" Agribusiness firms are already spending millions to defeat

Proposition 2, and they hardly needed an illegal infusion of check-off

funds authorized by the USDA to supplement their political campaign, "

said Wayne Pacelle, president and CEO of The Humane Society of the

United States. " Expending these funds within 90 days of the election

is a transparent attempt to influence the vote on Proposition 2. The

egg industry and USDA had 49 other states in which to spend this

money, but it chose to do so in California right before the election

and that's unethical and illegal. "

 

As a federal commodity promotion program, the AEB is strictly

prohibited from expending any checkoff program funds " for the purpose

of influencing governmental policy or action. " 7 U.S.C. § 2707(h)

(http://caselaw.lp.findlaw.com/scripts/ts_search.pl?title=7 & sec=2707

). In turn, the USDA is required to approve all AEB expenditures, and

ensure that AEB's activities are limited to non-political advertising,

education, research and marketing.

 

Internal agency documents received by the Yes on Prop 2 campaign show

that USDA officials are aware of the unlawful purpose for which the

AEB set aside the $3 million, and that AEB intends to give federal

funds to private individuals or trade industry groups to spend in

opposition to the ballot initiative.

 

For example, an email between officials of the USDA's Poultry Programs

office states that " California egg producers are undertaking a

campaign to defeat the measure. " The email also states that " the

American Egg Board voted . . . to set aside $3 million " to support

these efforts. These statements were repeated in a Weekly Activity

Report of the USDA Poultry Programs.

 

The Yes on Prop 2 campaign contacted the USDA and the AEB directly in

an attempt to resolve this matter. The group requested that the USDA

disallow any AEB activities in California intended to influence voter

opinion on the ballot initiative. These requests were denied.

 

" Industry groups are already gearing up to blitz the public with

propaganda advocating that farm animals be confined in tiny cages

where they cannot even turn around and extend their limbs, " noted Farm

Sanctuary president Gene Baur. " We don't know if they've yet used

funds from AEB's coffers, but it's in the public interest to put a

stop to any unlawful use of federal funds immediately. "

 

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See also:

http://www.mercurynews.com/breakingnews/ci_10192241