Commentary

North Carolina poised to limit exposés of workplace problems

pesticide sprayingOne of the ALEC bills that is making the rounds across the country is so-called “ag gag” legislation, designed to prevent animal rights groups from conducting undercover operations to film abuses of animals on factory farms and research facilities.

In North Carolina, the House has passed HB 405, the Property Protection Act. While not precisely an ag gag bill, the intent to restrict anyone from shedding light on embarrassing or illegal activity appears the same. A person who “intentionally gains access to the nonpublic areas of another’s premises” and commits an “act that substantially interferes with the ownership or possession of real property” may be liable to the property owner for $5000 per day. Also liable is any person who directs another to engage in the prohibited activities.

The primary purpose of HB 405 may be to keep animal exploitation out of the news, a move opposed by nearly three quarters of North Carolinians, according to a recent poll.  The effects, however, could be even more sweeping.  If this bill passes, will a farmworker be able to take pictures of illegal migrant housing conditions to provide to the Department of Labor? Will a tester who does not intend to accept employment be able to apply for a job to test whether illegal race discrimination is taking place? What will happen to the worker who takes a picture similar to the one posted here?

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