Arkansas passes farm protection bill

Governer Hutchinson signed Arkansas House Bill 1665 adding a civil cause of action to the state's code that permits individuals to sue over the unauthorized access to non-public areas of commercial property. Of course, animal rights activists called it an ag-gag bill.  It applies to the “unauthorized use” of commercial property, meaning businesses, agricultural or timber production operations including buildings and outdoor areas not open to public and even residential properties used for business purposes.Anyone who knowingly gains access to a nonpublic area of such property and engages in an act that “exceeds the person’s authority to enter the nonpublic area is liable to the owner or operator for damages sustained by the owner or operator.”An act that exceeds a person’s authority to enter a non-public area of a commercial property is for one that does not involve business or employment reasons, and without authorization subsequently results in:The employer’s data, papers, records or other documents are removed for uses that damage the employer;Images or sound being recorded in the non-public area for use in a manner that damages the employer; and Unattended cameras or electronic surveillance equipment being placed for unattended use in the non-public areas.