Judge Dismisses Lawsuit, Rules
In Favor Of Right to Privacy
WACO —(AP)— A judge has dismissed a lawsuit that sought the
release of names, addresses and other information for farmers and
ranchers who use livestock protection collars that are lethal to
predators.
U.S. District Judge Walter Smith said giving out such information
would violate the federal Freedom of Information Act, which exempts
the release of people's personal information.
The suit pitted several ranchers, the Texas Farm Bureau and the
American Farm Bureau Federation against the Animal Protection
Institute, a Sacramento, Calif-based animal rights group.
The U.S. Agriculture Department sided with the activist group,
which filed an open records request in 1998, arguing the public had a
right to know who gets protection collars, which the group claims are
provided by the government and paid for by taxpayers.
The collars contain bladders filled with sodium fluoroacetate,
known as compound 1080, and are attached around the necks of sheep and
goats. They are designed to deliver a lethal dose of the toxicant to a
coyote that punctures the bladder while attacking the collared animal.
The Agriculture Department keeps a database tracking who uses the
chemical collars, how many were dispersed and other details including
the names and addresses of recipients.
Smith dismissed the case Sept. 30 after several years of legal
wrangling. The judge said farmers and ranchers could be at risk of
attack and harassment from extremists if the information were
released.
API attorney Nicole Paquette dismissed that notion and called the
ruling disappointing.
``We are paying for this and we are subsidizing ranchers to kill
predators. It's ludicrous how many animals are being killed out there
under the guise of protecting livestock,'' she said.
She said an appeal was planned.
(So just exactly what would this group have people believe they
want to do with the information? Of course their intent is to harass;
what other purpose could the information serve? It was to be a hit
list, pure and simple. As for taxpayers "subsidizing" the
use of collars, the process in Texas is mostly private, as is its
funding. — Ed.)
Joe Maley, of the Waco-based Texas Farm Bureau, hailed the
decision: ``We're hoping that issue has been laid to rest. We've never
felt like FOIA was intended to provide personal information.''
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