Unfortunate news.
This week, the judge in Tyler Land and Kevin Olliff’s case issued her ruling, declining to strike down the Animal Enterprise Act on Constitutional grounds. The case will continue on it’s present course, with Tyler and Kevin charged under the Animal Enterprise Terrorism Act for allegedly freeing mink.
Kevin’s statement on this development is below.
Because case law occurs at the appellate level, the opportunity for long-lasting change – and a complete overturning of the Animal Enterprise Terrorism Act – is unaffected.
Regrettably, the short-term victory of throwing out the current charges against Tyler & Kevin was not won this week.
One important interpretation was expressed by the judge, that the AETA should only be applied to damage of actual property, not the general loss of profits. This has powerful implications for some of the most extreme concerns about possible applications of the AETA.
Kevin’s statement on the ruling is posted here, in full:
“Though nobody is happy about this decision, Tyler and I will be okay. The most important thing to remember that we will finally have a chance to test the law in the appellate courts, which is where these things are decided anyway. I personally will accept no resolution to this case that limits our right to appeal on this matter.
Additionally, I haven’t even had a chance yet to read Judge St. Eve’s decision, but to my knowledge her interpretation limits the AETA so that it CANNOT be applied to loss of profits, only to tangible property. Thus, everyone out there claiming that you can get federal charges for organizing a protest or chalking the sidewalk no longer has any basis for that claim. And everyone else no longer has any excuse not to get in the streets and get busy for the animals.”
This is left in the hands of the courts. Meanwhile, what remains in our hands is the ability to take action for the things we believe in, and no legislation or indictment must be permitted to divert us from that task.”
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Please send Kevin a letter of support:
(Note: Kevin Johnson is his legal name.)
KEVIN JOHNSON 47353-424
MCC Chicago
Metropolitan Correctional Center
71 West Van Buren Street
Chicago, IL 60605
Tyler Lang was released from state custody in November 2013. He is currently out on bond awaiting trial on the federal charges.