I’m Back in California for a Historic Appeal. Let’s Hang!

The standoff in Sonoma County in May 2018.

One day after being released from jail, I’m back in California to hear Prof. Justin Marceau argue the appeal in my conviction for felony conspiracy back in November 2023. This could be the most important legal argument in animal rights history, as it goes to the root of the legal system’s broken relationship with animals: whether animals are beings with legal interests, or just “things.” And the argument, which begins at 9:30 am in downtown San Francisco, is open to the public.

Here’s the event page. (Also consider joining the hangout tomorrow evening at 7:30 pm at the Berkeley Animal Rights center.)

In the Sonoma case, I was sentenced to 38 days in jail for organizing the mass open rescue of distressed hens trapped in cages at one of the largest egg factory farms in the state, Sunrise Farms. That facility’s owners had falsely marketed its products as certified humane; falsely accused us of “terrorism” for documenting their abuses; and even outright lied in court by claiming they had no battery cages when, in fact, we found hundreds of thousands of birds in exactly those cages, which violated the state’s landmark law prohibiting intensive confinement.

The key legal issue in the Sonoma case is whether the necessity defense applies to animals. The prosecution’s argument in the appeal is that animals are akin to “cellular matter”—a comparison expressly adopted by the trial judge—and therefore cannot be “rescued” even if they are victims of criminal abuse. Prof. Marceau, in contrast, will argue that animals can have legal interests, including an interest in being rescued from suffering, supplying the legal foundation for a right to rescue defense in a criminal trial. What is at issue is not just my conviction but the future of countless animals who suffer abuse. This includes the dogs at Ridglan Farms. The prosecution in my prior case in Wisconsin expressly stated that dogs are “things” under the law—and thus cannot be legally rescued.

I hope you join the appeal. It’s important for the court to understand this is an issue with public sympathy and importance.

But regardless of whether you can make it, I hope you can join us in hanging out at the Berkeley Animal Rights Center tomorrow evening at 7:30 pm. We’ll have some cookies and other snacks. And I’ll probably share some slides and stories, but otherwise the hangout is going to be very informal. I am literally just scheduling it today. I’m hoping some others who were part of the recent rescue effort will be able to join us.

I hope I’ll see you tomorrow—at Prof. Marceau’s historic argument, or the hangout in the evening, or both!