On Jan. 8, the Eighth Circuit Court unanimously overruled the District Court and upheld Iowa’s 2019 and 2021 agriculture trespass laws as constitutional.
“The Eighth Circuit Court’s unanimous decision is a victory for Iowa farmers, the Constitution, and the rule of law,” said Mike Naig, Iowa Secretary of Agriculture, in a news release. “The Legislature and Gov. Reynolds enacted these laws to safeguard our ag community and protect our food security. It is welcome news that Iowa producers can now be protected from trespassers and it sends a clear message to those who maliciously target our livestock farms.”
Three separate lawsuits were filed to challenge Iowa’s agriculture trespass laws, but the federal appeals Court upheld their constitutionality, protecting farmers’ property rights and their right to privacy.
The laws — also known as “ag-gag” laws — are a response to animal activists’ attempts to gain access or employment to agricultural production facilities in order to cause physical injury or economic harm.
“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,” said Brenna Bird, Iowa Attorney General, 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.”
Iowa Gov. Kim Reynolds said “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. 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.”
Iowa codes 717A.3B and 727.8A effectively make it illegal for a person to trespass on an agricultural property and record images or data.
