Renowned California animal activist Wayne Hsiung is set to appeal his felony conviction and 90-day jail term with legal representation from the University of Denver Law School’s Animal Activist Legal Defense Project. Hsiung, a co-founder of Direct Action Everywhere (DxE), was convicted of felony conspiracy and misdemeanor trespass charges in November, resulting in a 90-day jail sentence and 24 months of probation.
Represented by attorneys from the Animal Activist Legal Defense Project, Hsiung argues that his trial was marred by substantial prejudicial and reversible errors. According to Staff Attorney Chris Carraway, who is handling Hsiung’s appeal, the trial suffered from limitations imposed by the presiding judge, preventing the jury from fully understanding the scope of animal cruelty at the implicated companies and hindering Hsiung’s ability to explain the intent behind his actions—a crucial element of the alleged crimes.
Carraway contends that Judge Passaglia improperly prohibited Hsiung from mounting a necessity defense, despite the potential applicability of necessity to animal rescue under California law. Additionally, trial participants were subjected to unconstitutional gag orders from the trial’s inception, and press access was significantly restricted.
Hsiung’s case arose from two open rescues at Sonoma County farms, specifically Sunrise Farms (a major egg producer) and Reichardt Duck Farm (California’s largest duck farm). DxE activists, including Hsiung, rescued 37 chickens and 32 ducks, alleging systemic violations of animal cruelty laws at these farms, which market themselves as “humane.” The prosecutions of Hsiung and other activists attempting to report evidence of unlawful animal cruelty highlight the tension between animal welfare laws and the prosecution of rescuers.
California’s “Right to Rescue Act” permits individuals to enter a vehicle to rescue an animal facing potential suffering, disability, or death. DxE’s rescues and Hsiung’s defense aim to extend this right beyond vehicles to include rescue from commercial industrial facilities.
Hsiung emphasizes the need for robust animal protection, stating, “California proudly enacted the strongest animal welfare law in the country, and its Right to Rescue Act allows literal breaking to rescue dogs. But billions of animals suffer while animal cruelty laws go unenforced, and the state prosecutes rescuers for giving aid to animals who are on the brink of death. We are working to ensure that all animals are protected from suffering and have the right to be safe, happy, and free.”
The Animal Activist Legal Defense Project at the University of Denver’s Sturm College of Law focuses on empowering and defending animal advocates through activist defense, affirmative litigation, and training law students in the field of animal law.