Anti-activist bills pass in Arizona, Pennsylvania

HB 2130, which expands Arizona's hunter harassment offense, was recently signed into law, the Arizona Republic reports (opt out). The law before amendment broadly prohibited interference and disruption of hunting. The new law enumerates many instances of such interference, including the use of any "natural or artificial visual, aural, olfactory or physical stimuli" affecting hunted animals or hunters. This and much of the other language in the new law is from a New Jersey statute which was upheld as as constitutional in Binkowski v. State, 322 N.J. Super. 359 (App. Div. 1999) (in parts here). The new Arizona law notably does not have language prohibiting conduct "with the intent to dissuade" that has caused courts to invalidate provisions of other hunter harassment laws. It is possible that an as-applied challenge, with a helpful fact pattern, could be more successful than the facial challenge in Binkowski.

Meanwhile Pennsylvania has recently passed an "ecoterrorism" law which enhances penalties for otherwise criminal conduct when it occurs with the intent to interfere with a lawful activity involving animals, plants, or natural resources. (Beware, shoplifters of apples.) An open letter to Governor Rendell points out that the law is viewpoint-specific, that anti-abortion graffiti would not be punished as severely as anti-meat graffiti. The ACLU argues the law "would effectively permit one side of the debate over environmental issues or animal rights issues to fight freely, while limiting those on the other side of this debate."

Perhaps in recognition of this double standard, the new law expressly immunizes individuals from prosecution when they are exercising "the right of petition or free speech under the United States Constitution or the Constitution of Pennsylvania on public property ...  where the person is peaceably demonstrating or peaceably pursuing his constitutional rights." Sec. 3311(c.1) These are empty words, because the First Amendment does not need enabling legislation by a state to apply. We can only imagine how little prosecutor's offices will feel their hands are tied by this provision.