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Undercover Cameras OK, Judge Rules

April 13, 2007 11:31 AM

Chinchilla_farm_nr_2 A federal judge dismissed a chinchilla ranch's lawsuit against an animal rights group, saying the activists have a right to conduct undercover investigations that include videotaping.

Michigan chinchilla ranchers Robin and Julie Ouderkirk filed suit in late 2004 against People for the Ethical Treatment of Animals (PETA), charging the group had invaded their privacy, mischaracterized them and caused them emotional distress by pretending to be interested buyers for the Ouderkirk's ranch in order to come onto the property and videotape their operations.

Yesterday, U.S. District Court Judge David M. Lawson dismissed the suit. "Undercover investigations are one of the main ways our criminal justice system operates," Lawson wrote in his decision, noting that investigative television shows "often conduct undercover investigations to reveal improper, unethical, or criminal behavior."

Watch the Undercover Video.

Lawson also found that PETA's video, "Nightmare on Chinchilla Farm," which featured the Ouderkirks' operation, was a "truthful publication of and [featured] accurate representations of" the couple's activities."

"We were disappointed," Robin Ouderkirk told ABC News Thursday night.  With their suit, the couple sought to force PETA to stop showing their video and pay them unspecified monetary damages and attorney fees.  Now, "our whole outlook on this thing is that it will go away and die and be over."

Click Here for Full Blotter Coverage.

Asked how it felt to be the subject of an undercover investigation, Ouderkirk responded, "How would you feel if I showed up at your place of business...and out-and-out lied to you, and published said story?  They used me as their poster child."

Of the experience being the subject of an undercover investigation, Ouderkirk said, "I would avoid it, if possible."

PETA has led a campaign against chinchilla farmers who they believe use inhumane and unsafe practices, including electrocuting the tiny animals and snapping their necks. "Nightmare on Chinchilla Farm" featured footage of the Ouderkirks doing both.

April 13, 2007 | Permalink | User Comments (53)

User Comments

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The problem with our society is immoral, unethical, and the minority are controlling our government/judicial system. To catch criminals we must, at times, act like criminals. The Ouderkirk's don't need a better attorney. Attorney's are crooks who use persuasive speech to justify their personal agendas. The Ouderkirk's deserve the same treatment they gave. GREAT JOB PETA!!!

Posted by: Kurt Woods | Apr 14, 2007 12:42:53 AM

Don, 13 APR 07

You say that "what the Ouderkirks were doing may be wrong in the eyes of PETA but aren't criminals". Are you for real? Let me guess, you probably support the rights of child sexual preditors too? Extreme? Possibly but not likely. GET A LIFE...

Posted by: kurt | Apr 14, 2007 12:49:05 AM

I don't much like PETA, but I really have to say I find it quite detesting that people like this are allowed to do the type of abuse they do to animals. I see these guys going to prison for killing cats and such, why are people that take such pride in killing small animals like this not there as well? I would love to see a video of that fat blob being strung up with wires to his ears and then plugged into an electrical outlet!

Posted by: Bruce | Apr 14, 2007 4:24:09 AM

You should have seen what he did to the armadildo.

Posted by: Biff | Apr 14, 2007 8:18:55 AM

Just another example of lying liberal hypocrisy. If people are engaged in a legal activity, who has the right to invade their privacy solely for the purpose of destroying their livelihood and reputations. The criminal justice system has to get a court approved warrant to wiretap and record illegal activities. Is this going to be a precedent now for not doing so? PETA condones vandalism, intimidation tactics, and smear campaigns in order to achieve a political end. It appears that many who posted thinks thats legitimate means. No wonder we get the moral neutral reporting in Iraq when terrorists set of bombs in markets, bus stations, stores, schools, and police stations. You reap what you sow, and we are sowing the whirlwind.

Posted by: azul_mundo | Apr 14, 2007 8:32:38 AM

Does anyone ever bother to ask PETA why it kills dogs and cats that they are given for rescue? Yes it does go on. They are the terrorists!! If you eat meat at all then I guess you are guilty of animal cruelty according to this fascists.

Posted by: Dan | Apr 14, 2007 8:46:17 AM

>"... we are talking honest hard working people"

Normal honest hard working people wouldn't be fearful of having a camera record what they do at work.

Posted by: David Conklin | Apr 14, 2007 9:04:30 AM

The federal Animal Enterprise Terrorism Act signed into law last year by Bush will effectively end acts like this by PETA and others.

If it had been in effect when this occurred, PETA would be facing thousands in penalties and serious jail time.

Posted by: NoP145 | Apr 14, 2007 12:02:59 PM

So if PETA can do it than it must be OK for the police, FBI and military to basically do a search with out a warrant. Just think a little lie and even the great PETA can do a search of your property with out a warrant. This is a very dangerous ruling and is just showing the way the LAW is going. PETA now has grater power than the FBI to come and search your place. Makes me feel so much safer.

PS……PETA……People Eat Tasty Animals.

Posted by: Rob | Apr 14, 2007 3:30:44 PM

Way to go, PeTA! Keep up the great work. And kudos to Judge Lawson. Behind-the-scenes abuse of innocent, sentient beings needs to be exposed, or the crimes will continue in secrecy. Let's put this whole issue into perspective: abusers need to clean up their act or risk being caught, simple as that. The choice is theirs. No one needs to torture animals for a living.

Posted by: Sinikka Crosland | Apr 14, 2007 6:51:29 PM

The animals are raised to be killed. As long as the operation and killing are not unnecessarily cruel, there is no law broken except by the invading liars. PETA membership is proof of insanity. YThe judge is an ass.

Posted by: Walter E. Wallis | Apr 14, 2007 10:03:16 PM

While PETA may have arguably done a public service in their "undercover investigation", the judge in the case completely disregarded the fact that PETA is NOT a law enforcement agency and has no right or authority under law to conduct such investigations. They misrepresented themselves to the rancher, which makes their footage a gross invasion of privacy and, in some states, a felony crime.
Sometimes, in their zeal to do good work, people overstep the bounds of their authority and good common sense; in this case, PETA has done both.

Posted by: John E. Smith | Apr 14, 2007 10:04:12 PM

If PETA is so ethical, then why do they support BSL?

Posted by: PWB | Apr 15, 2007 12:48:00 AM

PETA once sent a letter to Yassir Arafat protesting the use of donkeys to "deliver" bombs to kill Israeli civilians. Not a word about people being killed. However Arafat must have taken them seriously, because there were no more incidents of donkey-bombs, just suicide bombs. You have to wonder about their priorities.

Posted by: Bob | Apr 15, 2007 4:20:10 AM

I bet these PETA nuts are all for a woman's right to choose though!!

Posted by: Margie | Apr 15, 2007 9:37:30 AM

PETA is not a government agency or a law enforcement agency. The judge is inferring that status upon them. PETA should NOT have the authority to go onto private property under false pretenses to conduct an "undercover" investigation, regardless of how inappropriate they believe the Ouderkirk's operations are conducted. Very dangerous ruling on the part of the judge.

Posted by: Eric Kuhn | Apr 15, 2007 10:10:15 AM

"Does anyone ever bother to ask PETA why it kills dogs and cats that they are given for rescue? Yes it does go on. They are the terrorists!! If you eat meat at all then I guess you are guilty of animal cruelty according to this fascists."

Actually, yes, as inconvenient as I am sure it is for you, if you eat factory farmed meat you are directly patronizing animal cruelty. Sorry to point out that fact to you.

Also, PETA humanely has euthanized animals that are UNWANTED because of an overpopulation problem that is caused by idiot humans who patronize breeding, and not spaying/neutering animals. Every person buying a pet instead of adopting and every person choosing not to fix their animals is at fault.

The Ouderkirk's probably do have a special place in hell waiting for them. And if it were just, they'd be reincarnated as a factory-farmed animal in their next life.

Posted by: Neely Jura | Apr 16, 2007 12:39:18 PM

I am glad PETA is doing an aggressive job of exposing animal abuse. I will contribute to their cause. Congratulations to the judge also! torture chambers have no place in a society like ours. It is despicable that humans can behave in such barbaric manner. Hideous!

Posted by: Cecilia B. | Apr 16, 2007 1:05:38 PM

Many posters here are correct. Looney liberals scream bloody murder when law enforcement officals and other agencies responsible for protecting US citizens want to monitor the telephone calls of known terrorists, terrorist suspects, and their contacts but shout with glee when a civilian or private organization of extreme left wackos violates the privacy of anyone they disagree with. We are rapidly running down the slope of Stalinism. Stop liberal judges, the left wing looney Soros supported move-on.org wackos, and the MSM now, before it's too late!

Posted by: ricardo max | Apr 17, 2007 6:44:37 AM

I wish someone would tape PETA as they murder the thousands of puppies and kittens they kill every year.

Don't say they don't. There is proof.

Posted by: Joe | Apr 17, 2007 2:17:05 PM

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