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August 7, 2015 CapitalPress.com 3 Farm groups upset as Ag Security Act struck down SXEOLFEDFNODVKDJDLQVWDGDLU\ company whose employees ZHUH¿OPHGDEXVLQJFDWWOH Ag groups are disappointed In a 29-page ruling, Winmill with a ruling that has struck repeatedly rejected the state’s down Idaho’s “ag gag” law. arguments defending the law, Chief U.S. District Judge concluding the law’s “primary Lynn Winmill late Monday purpose is to protect agricultur- ruled Idaho’s Agricultural Secu- DOIDFLOLW\RZQHUVE\LQHIIHFW rity Act — meant to protect ag suppressing speech critical of operations from animal activists animal-agriculture practices.” — violates the First Amend- He further stated over- ment right to free speech and whelming evidence indicates the Equal Protection Clause of the law was “intended to si- the U.S. Constitution. lence animal welfare activists, In so doing, he granted a RU RWKHU ZKLVWOHEORZHUV ZKR motion for summary judgment VHHN WR SXEOLVK VSHHFK FULWLFDO ¿OHGE\$QLPDO/HJDO'HIHQVH of the agricultural production )XQGHWDOLQ1RYHPEHU industry.” Under the law, which Idaho The state argued the law enacted in 2014, it’s a crime to is not designed to suppress make undercover recordings or speech critical of certain agri- gain employment under false FXOWXUDORSHUDWLRQVEXWLQVWHDG pretenses at a farm. Lawmakers intended to protect private passed the statute in response to property and the privacy of ag By CAROL RYAN DUMAS Capital Press facility owners. Dairymen are disappointed with the ruling and disagree with Winmill’s analysis, said %RE 1DHUHERXW ,GDKR 'DLU\- men’s Association executive director. “We will encourage the state to go forward and appeal the ruling,” he said. A lot of effort went into making sure the legislation was constitutional and written in a ZD\ WKDW LW ZRXOG EH XSKHOG The fact that the judge didn’t recognize any of that is some- what of a surprise, he said. His ruling narrows it down to the First Amendment vs. pri- vate property rights, he said. ³:H EHOLHYH SULYDWH DJUL- FXOWXUDO RSHUDWLRQV VKRXOG EH SURWHFWHG ,Q WKLV FDVH REYL- ously, Judge Winmill took the other way,” he said. “We primarily took the tack this is a private property right,” said Russ Hendricks, Idaho Farm Bureau’s director of gov- ernment affairs. :KHWKHUDODQGRZQHUEXVL- ness owner, dairy, farm, Hew- lett Packard or Micron, you VKRXOGKDYHWKHDELOLW\WRFRQ- trol who or who doesn’t come on your property and whether RUQRWWKH\FDQ¿OPKHVDLG 2WKHU EXVLQHVVHV GRQ¶W DO- low photos or video. “Why VKRXOG D IDUP EH DQ\ GLIIHU- ent?” he asked. He rejected the argument that the First Amendment gives WKH ULJKW WR ¿OP DQ\ZKHUH ,I \RX¶UH RQ VRPHERG\ HOVH¶V property, you need permission, he said. Winmill’s ruling would im- ply you can now “walk into a women’s locker room at the <0&$DQGVWDUW¿OPLQJ7KDW¶V not appropriate,” he said. It’s not only a private prop- HUW\ ULJKW EXW WKH FRQFHUQ RI VRPHRQH ¿OPLQJ WKLQJV DQG taking them out of context or not understanding the practice, he said. The Ag Security law was ZLGHO\ VXSSRUWHG E\ OHJLVOD- tors and the agricultural com- munity, said Sen. Jim Patrick, R-Twin Falls, who introduced the legislation in the Senate. ³2EYLRXVO\ , DP GLVDS- SRLQWHG EXW QRW WRWDOO\ VXU- prised,” he said. The Attorney General’s Of- ¿FHPDGHHYHU\HIIRUWWRPDNH sure the law was constitutional, EXW MXGJHV FDQ KDYH GLIIHUHQW opinions, he said. “We are cautious what we say; some of these (activist) groups are pretty vindictive,” he said. But, he said, the judge’s GHFLVLRQ LV WURXEOLQJ 7KH ODZ doesn’t just address illegal ac- tions aimed at alleging animal cruelty, it pertains to all of agri- culture, he said. Ag operators face more risk from employees (activists gain- ing employment through mis- representation) than trespassers in general. It’s pretty easy to get audio or video recording of something that isn’t a normal SUDFWLFH DQG SDLQW LW LQ D EDG light, he said. “We have to do something; LW¶V WRR ELJ D ULVN IRU DJULFXO- ture,” he said. Winmill’s decision is the ¿UVWWRUXOHLQIDYRURISODLQWLIIV¶ First Amendment argument in this type of case, said Wyatt Prescott, executive director of Idaho Cattlemen’s Association. Monsanto execs discuss opportunities, challenges By ERIC MORTENSON Capital Press ST. LOUIS – Population increase, world food demand, FOLPDWHFKDQJHELRWHFKQRORJ\ and data science mean agri- culture is “much more at cen- WHU VWDJH WKDQ LW¶V HYHU EHHQ´ Monsanto’s chairman and FKLHIH[HFXWLYHRI¿FHUVDLG ³6RPHWLPHV ZH WDON DERXW farmers as if they were sepa- rate from society,” Hugh Grant said. “The reality is, they are at the heart of society.” In wide-ranging talks with journalists touring Monsanto’s &KHVWHU¿HOG 9LOODJH 5HVHDUFK Facility outside St. Louis, Grant and other Monsanto H[HFXWLYHV ¿HOGHG TXHVWLRQV ranging from GMO controver- sies to the company’s attempt WREX\ULYDO6\QJHQWD6HYHUDO acknowledged the company KDVEHHQVORZWRHQJDJH*02 FULWLFV DQG ZDV VXUSULVHG E\ the vitriolic reaction to Mon- santo’s work. Some said the FRPSDQ\ PXVW EHFRPH PRUH WUDQVSDUHQW DQG EHWWHU H[SODLQ its role in agriculture. “What we need to do a PXFK EHWWHU MRE RQ LV H[- plaining where food comes from, how food is produced and who’s producing it,” said Grant, a native of Scotland ZKR EHFDPH FKDLUPDQ DQG CEO in 2012. Turning to trends, Grant said the westernization of Chi- nese diets, with more red meat consumption, drives the in- creased demand for corn as an- imal feed. Of interest to North- west growers, he said wheat has not kept pace with yield gains *URZWKFKDPEHUVDW0RQVDQWR¶V&KHVWHU¿HOG9LOODJHUHVHDUFK facility can duplicate any climate on earth. Monsanto was one of four sponsors of the National Press Founda- tion’s “Food, From Farm to Table” fellowship in St. Louis. The Capital Press was among 20 journalists attending. Photos by Eric Mortenson/Capital Press Michael Frank, Monsanto’s global corn breeding lead, walked reporters through greenhouses at the FRPSDQ\¶V&KHVWHU¿HOG9LOODJHUHVHDUFKFHQWHU DFKLHYHGLQFRUQDQGVR\EHDQV and “needs some help.” The company in July RSHQHG D ZKHDW EUHHGLQJ DQG research facility in Filer, Ida- ho. Monsanto previously ex- perimented with GMO wheat EXW GURSSHG LW ZKHQ 3DFL¿F Northwest growers said their EX\HUV SDUWLFXODUO\ LQ $VLD did not want it. On other topics, Grant was DVNHG DERXW 0RQVDQWR¶V UH- VSRQVLELOLW\ IRU REHVLW\ DQG GLDEHWHVUDWHV ³0\ DELOLWLHV WR FKDQJH \RXUHDWLQJKDELWVDUHOLPLWHG´ he said. “The tragedy today is \RXFDQKDYHREHVLW\DQGPDO- nourishment coexistent.” 5REE )UDOH\ 0RQVDQWR¶V FKLHI WHFKQRORJ\ RI¿FHU DQG winner of the 2013 World Food Prize along with two others, said the world’s pop- ulation is projected to top 10 ELOOLRQE\ The demand for food will GRXEOH DQG SURGXFWLRQ ZLOO KDYHWRGRXEOHLQWKH$PHULFDV and triple in Africa and Asia to keep pace, Fraley said. “It will take all the tools WKDW PDQ FDQ DVVHPEOH´ KH said. On climate change, a one- or two-degree temperature rise won’t turn the Midwest LQWRDGHVHUWEXWZLOOXVKHULQ the rise of new pests, weeds and diseases, Fraley said. %XW )UDOH\ VDLG ELRWHFK- nology and emerging data sci- HQFHJLYHUHVHDUFKHUVWKHDELO- LW\ WR UHVSRQG E\ GHYHORSLQJ VHHGV ³JHQH E\ JHQH´ ZKLOH farmers use drones, satellites DQG VHQVRUV WR PDS ¿HOGV ³PHWHUE\PHWHU´ “The average tractor has more computer power in it than WKH¿UVWVSDFHVKLSWKDWZHQWWR the moon,” he said. “Better seeds and data are driving the next Green Revolution.” Fraley said Monsanto is VWLOO LQWHUHVWHG LQ EX\LQJ 6\Q- genta and has sweetened its offer to the Swiss ag chemical company. Fraley said Monsan- to would acquire Syngenta’s FKHPLVWU\EXVLQHVVDQGZRXOG VHOO RII 6\QJHQWD¶V VHHG EXVL- ness to assure competition. Critics say Monsanto is seek- ing a monopoly. Other company executives who spoke during the event were Brett Begemann, presi- GHQW DQG FKLHI RSHUDWLQJ RI¿- cer, and Michael Frank, vice SUHVLGHQW RI JOREDO FRPPHU- cial operations. The 20 journalists attend- ing were part of the National Press Foundation’s “Food, )URP)DUPWR7DEOH´IHOORZ- ship held July 19-22 in St. Louis. Monsanto was a spon- sor of the fellowship, along with the Organic Trade As- sociation, the American Farm Bureau Federation and the AARP Foundation, which in- cludes senior nutrition among its concerns. Monsanto’s sponsorship was criticized on social media. In a widely-shared post, the ZHEVLWH(DWHUFRPVDLGDVVRFL- ating with a “highly polarizing company with an aggressive PR agenda might not appear WR EH WKH PRVW ORJLFDO FRXUVH of action for a journalism non- SUR¿W´ VXFK DV WKH 1DWLRQDO Press Foundation. 'URXJKWIXHOHG&DOLIZLOG¿UHVWKUHDWHQ vineyards, displace livestock in some areas Meanwhile, employees and for displaced animals, Britton volunteers for Lake County An- said in an email. The county imal Control worked through Department of Social Services WILLIAMS, Calif. — A the night Aug. 2 to move live- RI¿FHLQ/RZHU/DNHLVVWDJLQJ ZLOG¿UH WKDW¶V JURZQ WR PRUH stock to safer ground. Among some animals, he said. than 101 square miles has the animals pulled out of the The fast-growing Rocky Fire threatened vineyards and left SDWKRIÀDPHVZHUHVHYHQSLJV ²ZKLFKKDVEXUQHGWZRGR]HQ UDQFKHUV VFUDPEOLQJ WR PRYH three alpacas, two donkeys and KRPHV DV ZHOO DV EDUQV VKHGV their animals to safer ground. 12 goats, county emergency DQG JDUDJHV DQG IRUFHG DERXW Several wineries were services spokesman Andrew SHRSOH WR ÀHH ² ZDV among the nearly 5,500 proper- Britton said. RQHRIDERXWZLOG¿UHVEXUQ- WLHVIRUFHGWRHYDFXDWHEHFDXVH Animal Control is work- ing around drought-parched of the Rocky Fire, which was ing with a local group — Lake California, some of which were EXUQLQJ PRVWO\ UXJJHG PRXQ- Evacuation and Animal Protec- VSDUNHGE\OLJKWQLQJDFFRUGLQJ tain terrain in Colusa, Lake and WLRQ²WR¿QGWHPSRUDU\KRPHV to Cal Fire. <ROR FRXQWLHV DERXW PLOHV north of San Francisco. Mandatory evacuation or- ders from the state Department of Forestry and Fire Protection included the Cache Creek Win- HU\DQG1RJJOH:LQHU\ERWKRII Highway 20 in Lake County, according to the Lake County Winegrape Commission. 7KH ¿UH EXUQHG D SRUWLRQ At Tidewater Terminal in Boardman, of Six Sigma Ranch in Lower /DNH &DOLI DERXW WKUHH PLOHV cranes annually move more than 21,000 from the ranch’s vineyard plant- containers between barges and trucks. LQJV DIWHU WKH UDQFK KDG EHHQ evacuated at the request of Cal Fire, the commission reported. No damage to any Lake County YLQH\DUGVRUZLQHULHVKDGEHHQ reported. Since July 29, “winds have carried smoke mostly away from the county’s major wine- growing areas,” commission SUHVLGHQW 'HEUD 6RPPHU¿HOG Visit the SAGE Center: said in a news release. “Winds Sunday - Thursday 10am - 5pm Friday & Saturday 10am - 6pm VKLIWHGEULHÀ\RQ)ULGD\FDXV- ing smoke to linger in the skies over much of the county for DERXWDKDOIGD\EHIRUHFOHDULQJ out. At this time, smoke-relat- ed impacts to the area’s wine JUDSHVDUHHVWLPDWHGWREHPLQL- 32-2/#6 mal to none.” By TIM HEARDEN Capital Press $ 86 )RUHVW 6HUYLFH ¿UH- ¿JKWHU ZDV NLOOHG ODVW ZHHN ZKLOH EDWWOLQJ D EOD]H LQ WKH Modoc National Forest in Cal- ifornia’s northeastern corner. 7KH ¿UHV SURPSWHG *RY -HUU\ Brown to declare a statewide emergency last week. 30-4/#6 SAGE Fact #115 32-2/#5