02__FRANCIONE.DOC 7/20/2007 9:34 AM
Winter 2007] ANIMALS, PROPERTY, AND THE LAW 23
misdemeanor to confine a pregnant pig in “an enclosure,” or to tether a
pregnant pig “in such a way that she is prevented from turning around freely.”
54
For a number of reasons, characterization of the Florida amendment as a
“triumph” demonstrates that the bar of progress is ridiculously low where
animal welfare measures are concerned. First, the campaign against gestation
crates, which began in Florida but is now being conducted in other states, is
based explicitly on economic considerations. Animal advocates promoted the
amendment as a way to keep larger, intensive hog operations out of Florida,
and thereby protect property values and tourism.
55
These advocates maintain, as
a general matter, that alternatives to the gestation crate, such as group housing,
will reduce production costs and increase productivity.
56
Second, there were
only two hog farmers in the state of Florida who were affected by the
amendment, and there was almost no opposition to the amendment.
57
On the
other hand, large animal-advocacy organizations spent well more than $1
million on the campaign.
58
Third, the amendment defines “enclosure” as “any
cage, crate or other enclosure in which a pig is kept for all or the majority of any
day,”
59
and this would presumably mean that the use of a gestation crate for less
than the majority of a day would not be prohibited. Fourth, the amendment
explicitly allows the use of the gestation crate for “prebirthing period,” which is
54. FLA. CONST. art. X, § 21(a). The amendment takes effect in 2008. See id. § 21(g) (effective six
years after approval by voters).
55. According to Floridians for Humane Farms, the Amendment “will prevent mega hog factories
from moving into Florida as they have in North Carolina. We don’t want Florida to follow North
Carolina’s experience where the environment has been damaged, property values have gone down, and
the tourist industry has suffered.” Floridians for Humane Farms, http://www.bancruelfarms.org/
faq_print.htm (last visited Mar. 19, 2007).
56. The Humane Society of the United States, which, with Farm Sanctuary, is promoting the
prohibition of gestation crates in other states, focuses heavily on the economic argument, and maintains
that European studies demonstrate that sows raised in group housing with electronic sow feeding are
generally more healthy, sow productivity is higher, and production costs are lower. T
HE HUMANE
SOCIETY OF THE UNITED STATES, AN HSUS REPORT: THE ECONOMICS OF ADOPTING
ALTERNATIVE PRODUCTION SYSTEMS TO GESTATION CRATES (2006) [hereinafter HSUS REPORT:
GESTATION CRATES], available at http://www.hsus.org/web-files/PDF/farm/econ_gestation.pdf. A
similar proposal on crates for sows, also applicable to calves, was passed in Arizona in November 2006,
and Smithfield Foods stated in January 2007 that it would phase out gestation crates over a ten-year
period. See The Humane Society of the United States Praises Smithfield Move to End Confinement of
Pigs in Gestation Crates, U.S.
NEWSWIRE, Jan. 25, 2007, http://news.corporate.findlaw.com/prnewswire/
20070125/25jan20071000.html. Time constraints and editorial deadlines made it impossible to discuss
these developments in this article, but they do not in any way affect my view that welfare reforms are
generally linked to the efficient exploitation of animals.
57. The only two Florida hog farms that used gestation crates sent their animals to slaughter and
closed their hog operations. Both could be eligible for state grants of up to $275,000. Allison North
Jones, State Hog Farmers Receive a Bailout from Lawmakers, T
AMPA TRIB., May 14, 2005, at Metro 1.
58. Curtis Krueger, 1.2-Million Greases Path of Pig Proposal, S
T. PETERSBURG TIMES, Oct. 13,
2002, at 1B. The Florida Elections Commission charged Farm Sanctuary and its president, Gene
Bauston, with 210 violations of Florida law for collecting “thousands of dollars in donations and
funnel[ing] them to the amendment campaign, violating a law that requires that the names of all
contributors be disclosed.” See Lucy Morgan, Panel Says Pig Proposal Backers Broke Election Law, S
T.
PETERSBURG TIMES, Oct. 30, 2002, at 5B.
59. F
LA. CONST. art. X, § 21(c)(1). This is significant because some producers are moving toward a
modified system in which pregnant sows will be confined for part of the day.