The Iowa Legislature and our former governor just got a spanking by the courts. The “ag-gag” law they created in 2012 is unconstitutional because it violates free speech.
As Trish Mehaffey reported last week in the Cedar Rapids Gazette, the law “threatened up to a year in jail for those individuals who use undercover means or provide false identities to document or report on activities in the agricultural animal facilities.” In other words, the law — now overturned — had criminalized actions by a whistle blower.
Another law passed and signed in 2017 needs similar testing by the courts. This one restricted nuisance suits by neighbors against large animal production facilities, as IPP reported in March 2017.
The source of both laws was the ag industry, which has successfully lobbied legislators to avoid better approaches to livestock production, with scare tactics about the survival of the industry. Their claims are nonsense.
For evidence, look to Denmark — like Iowa, a big and thriving producer of hogs, but with many more restrictions. Rather than making it a crime to report on abuse of animals, Denmark requires that:
“All Danish pigs are produced within independently monitored assurance schemes, which also require a monthly visit by the local veterinarian. In addition, the Danish authorities run an annual programme of ‘unannounced’ visits to ensure that all welfare legislation is being complied with.” 
In other words, whistleblowing would be encouraged.
Denmark has other rules in its promotion of a strong industry that considers animal welfare and protection of human health:
- Required “showering systems for all pigs over 20kg weight to enable them to regulate their body temperature in hot weather.
- A 2015 ban on the use of fully slatted flooring systems allows pigs a more comfortable lying area. 
- Reducing antibiotic use in all animals by 49 percent from 1994 through 2016, while production of food animals actually increased by 15 percent.  The U.S. Food and Drug Administration has only a voluntary program to reduce antibiotic use in animal agriculture and this effort has yet to show decreases in total amount of antimicrobials. 
In Iowa, ways have been shown to raise hogs other than in confinements that are outside the public eye or contrary to neighbors’ concerns. Hoop houses offer one such alternative. Among environmental advantages, hoop houses remove one problem because manure produced is mixed with straw or other materials. That manure can be applied to land with much less danger of running off into streams, a problem with liquid manure from confinements.
Restoring Iowans’ rights with the strikedown of Iowa’s “ag-gag” law is an important step forward. Next, someone needs to test the Iowa law reducing neighbors’ rights to sue big hog facilities.
 Statens Serum Institut, National Veterinary Institute, National Food Institute. “DANMAP 2016.”
David Osterberg, co-founder of the Iowa Policy Project in 2001 and a state legislator from the 1983 through 1994 sessions of the General Assembly, is the lead environmental researcher for the Iowa Policy Project. Contact: email@example.com
Listen to Osterberg’s interview on this topic with Michael Devine of KVFD, 1400AM in Fort Dodge.