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California court upholds Proposition 2
Story Date: 9/2/2013
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Source: Rita Jane Gabbett, MEATINGPLACE, 8/30/13
The Superior Court of California in Fresno County has upheld Proposition 2, the 2008 California ballot measure barring agricultural operators from confining animals in a way that prevents them from lying down, fully extending their limbs or turning around freely.
The ruling denied a suit by the Association of California Egg Farmers (ACEF) that challenged the measure as being “impermissibly vague under the due process clause of the California Constitution.”
ACEF argued Proposition 2 does not provide farmers with enough information to determine how many egg-laying hens they can put in an enclosure and remain in compliance. It also argued law enforcement officials will be unable to consistently enforce the statute and may feel pressured to expansively interpret its reach because it was measure adopted by voters.
The court disagreed, ruling, “The fact that the statute defines confinement limitations in terms of animal behaviors rather than in square inches or other precise measurements does not render the statute facially vague.”
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