Federal court upholds Prop 2
September 13, 2012
• California ballot measure would prevent extreme confinement
• Cleared to take effect in 2015
Proposition 2, the California ballot measure that would stop the practice of confining egg-laying hens, breeding pigs, and veal calves in cages so small the animals cannot stretch their limbs, lie down, or turn around, is constitutional, a Los Angeles U.S. District Court has ruled, according to the Humane Society of the United States.
The court rejected challenges to the ballot measure, already approved by voters, which were filed by a California egg producer earlier this year.
“Proposition 2 establishes a clear test that any law enforcement officer can apply, and that test does not require the investigative acumen of Columbo to determine if an egg farmer is in violation of the statute,” says the ruling. “The mere fact that Plaintiff dislikes or disagrees with the policy or language of Proposition 2 is not sufficient to sustain a Constitutional challenge.”
Jonathan Lovvorn, senior vice president and chief counsel for animal protection litigation for the Humane Society of the United States, praised the ruling.
“Proposition 2 is a simple, basic humane standard that is easy to understand, and well within the State’s broad legal authority to prevent animal cruelty,” he says.
California Proposition 2 was enacted in 2008 by a statewide vote of 63.5 to 36.5 percent. It won in 47 of 58 counties, including in many top agricultural and rural counties. The measure granted producers a phase-in period of more than six years to transition to more humane housing systems, and is scheduled to take effect on Jan. 1, 2015.