Farm Bureau Wins Bid to Protect Confidentiality

WACO, Texas, February 10, 2000 Ñ Texas Farm Bureau and the American Farm Bureau Federation won another battle in the continuing legal war over the protection of the identities of farmers and ranchers receiving predator control assistance through USDA's Wildlife Services.

U.S. District Judge Walter Smith of Waco expanded and modified a preliminary injunction order, approved Nov. 15, 1999, barring release of any information from the USDA Wildlife Service database that could identify farmers and ranchers with whom the agency has cooperative agreements. The order specifically prohibits the release of personal information, such as telephone numbers, street addresses, towns or cities, counties, acreage, or other unique identifying characteristics.

Texas Farm Bureau and the American Farm Bureau Federation requested the expansion in response to a recent Freedom of Information Act request by Forest Guardians, an animal rights group. On Dec. 28, 1999, state Farm Bureaus were informed by Wildlife Services that the government had decided to release the private information to Forest Guardians and such release was imminent.

Farm Bureau attorneys argued that ranchers face potential threats, intimidation, harassment, or personal or property attacks from animal rights or environmental extremists if the information were to be released. Several witnesses, including representatives of the Utah and North Dakota Farm Bureaus, a medical researcher, and the director of a trade organization for fur farmers, expressed concerns and cited specific incidents in which animal rights activists had committed acts of terrorism and vandalism against them and/or the industry they represent.

During the course of the Feb. 9 hearing, a Texas sheep, goat and cattle producer, testifying as "John Doe," described the relationship he and other ranchers in his area had with their county trapper, or Animal Damage Control specialist. "John Doe" explained that the trapper is not only an employee of the government, but that a portion of his/her salary is paid through the voluntary contributions of livestock producers and other cooperators using the services.

The rancher, who preferred to remain anonymous, stated that he had an expectation of privacy when he entered into the cooperative agreement with Wildlife Services and would not have signed it had he known the information could be released.

According to Texas Farm Bureau staff attorney Stephanie McMullen, the amended preliminary injunction order replaces temporary restraining orders issued by Judge Smith on Nov. 1, 1999, and on Jan. 11, 2000.

"The evidence presented will be for the record when they have a trial on the merits. We don't know, at this point, when that will be, but until that time, the private information cannot be released," said McMullen.

This page was last modified Fri Feb 11, 2000 at 11:00 am