Wayne Hsiung of DxE to Raise Legal Issues Involving Intrusion in Appeal
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12/12/2023 |
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Wayne Hsiung the founder and leader of Direct Action Everywhere (DxE) was convicted of a felony counts of conspiracy to trespass and was sentenced to 90-days in jail. The charges arose from 2018 and 2019 intrusions at Reichardt Duck Farm and Sunrise Poultry Farm in Sonoma County, CA.
Hsiung will base his appeal on California legislation providing Samaritans with the “right to rescue”. Hsiung is no Samaritan, he is in fact a zealot. The right to rescue law provided protection to citizens who respond appropriately to obvious situations such as a dog locked in a car in danger of dying hyperthermia within a short time unless released.
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The actions taken by Hsiung, and his followers were premeditated, planned in advance, were intended to elicit publicity and in no way could have represented “rescue” for birds and flocks that were apparently not subjected to cruelty or were in imminent danger. DxE supporters egged on by leaders such as Hsiung are willing to sacrifice their liberty in a cult-inspired series of demonstrations and farm intrusions. Their actions effectively represent a win-win situation for the animal liberation movement. If they “rescue” birds they are regarded as heroes. When they suffer the inevitable retribution of the law they become martyrs. Either way they attract recruits and financial support.
If Hsiung places reliance on the contention that flocks on the two farms were subjected to cruelty he will be contradicted by dispassionate opinions offered by specialists in poultry production attesting to adherence to accepted standards of housing and management. The appeal will be confined to matters of procedure and law not justification. The videos submitted by DxE in the trial of Mr. Hsiung were disallowed by the Judge as being prejudicial. This may represent grounds for either a reversal or for a retrial. Previous appeals have been granted based on First Amendment rights.
In a statement prior to sentencing, District Attorney Carla Rodriguez of Sonoma County stated, “The First Amendment is not a license to commit crime. Mr. Hsiung went beyond mere activism and decided to engage in unlawful, reckless and potentially dangerous behavior putting farms, their employees and flocks of birds at risk of harm by his conduct.”
Within past weeks, both the multi-generation owned Reichardt Duck Farm (November 27th) with 169,000 birds and Sunrise Poultry Farm (December 7th) with 85,000 hens were diagnosed with HPAI and were depopulated.
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