Farm Sanctuary, the nation's leading farm animal shelter and advocacy organization, is challenging the intensive confinement of pigs in a landmark case. Farm Sanctuary filed a lawsuit in September 2004 against Corcpork, Inc. for confining breeding sows in two foot wide "gestation crates" for the majority of their lives. The suit alleges that this intensive confinement fails to allow any exercise area at all and violates Section 597t.
California Penal Code section 597t mandates that "every person who keeps an animal confined in an enclosed area shall provide it with an adequate exercise area." Although pigs, like other animals, have a basic need to exercise and perform natural behaviors, Corcpork's sows are treated as pig producing units. They live an endless cycle of artificial insemination, pregnancy and nursing while confined in small metal cages barely larger than their bodies. The animals are prevented from walking, turning around or even lying down comfortably, and they are forced to stand on hard slatted floors with no bedding.
"Gestation crates are inhumane and should be outlawed across the U.S. as they are in other countries," said Gene Bauston, president of Farm Sanctuary. "Until that happens, we ask that Corcpork abide by existing California law. These pigs must be given room to exercise and we are simply reminding a corporation of its lawful duty."
In June 2005, the case was dismissed on procedural grounds without any consideration of the merits as a result of a proposition – Proposition 64 passed after Farm Sanctuary filed its lawsuit (court case number BC 321606). Proposition 64 imposed new restrictions on when a party could bring certain types of lawsuit, and Farm Sanctuary has filed an appeal of the dismissal. This week, Farm Sanctuary filed its opening brief before the California Court of Appeals, Second Appellate District, challenging the lower court's ruling and arguing that an animal protection organization has standing to bring a lawsuit to protect the interests of animals. Farm Sanctuary is not demanding any money from Corcpork – it is merely seeking to enjoin cruelty explicitly prohibited by the Penal Code.
Numerous research studies conducted over the last 25 years have demonstrated that intensively confined sows experience a number of physical and psychological maladies. The unnatural flooring and lack of exercise causes obesity and crippling leg disorders, while the deprived environment produces neurotic coping behaviors.
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