Kansas Attorney General Derek Schmidt is asking the US Supreme Court to review a lower federal court ruling which says a state law enhancing penalties against trespassers on animal facility property violates the rights of the trespassers.
Schmidt is filing after the ruling in August by the 10th Circuit Court of Appeals, which includes Kansas. The 10th Circuit ruling in Kelly v. Animal Legal Defense Fund follows action after the creation of the Kansas Animal and Field Crop and Research Facilities Protection Act, which says deception nullifies consent when people try to gain access to an ag facility with intent to damage the property in some way. The Animal Legal Defense Fund sued Schmidt and Kansas Governor Laura Kelly, saying the state law violated the First Amendment Free Speech Clause. District court gave a limited win to the Animal Legal Defense Fund and the 10th Circuit affirmed the district court ruling on appeal.
A complicating factor is the 10th Circuit ruling goes counter to a ruling by the Eighth Circuit in a similar case from Iowa.
Schmidt says the state developed the law to add protection from unauthorized access to agricultural property. He says a Supreme Court ruling will “provide clarity” on the matter.
