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IMPORTANT: READ THE AGREEMENT BELOW IN FULL. WE ALSO STRONGLY SUGGEST READING THE FULL ACTIVIST DEFENSE TOOLKIT.
This agreement sets out the terms by which activists engaged in open rescue will receive legal training and support. This is your first step in that process! Shortly after you sign this agreement, you should receive an email that sets out next steps. Thank you for your courageous commitment to help animals!
During any action, I agree to embody nonviolence in my tone, words, and actions. I will act nonviolently towards everyone, including animals, workers, police, and fellow activists.
I acknowledge that there may be risks, including risks to my physical safety and freedom. While we aim to design an action plan that keeps everyone safe, our focus is on rescuing the animals—not minimizing the risks to activists. I am participating in any action voluntarily and understand that I may decline involvement in any activity at any time.
Effective nonviolent direct action is not possible without training. I understand I will need to participate in physical, in-person training beforehand in order to participate in the rescue itself.
I understand that the resources may not be available to provide bail, though I am free to arrange my own bail. If I choose to participate in actions that risk arrest, I may spend several days in jail. I may be treated poorly in jail, e.g., see Wayne's experience in jail here. I will be apprised of the jail and bail expectations by the organizers of any action I may participate in.
In the dozens of open rescues in US history involving hundreds of activists, there have only been 3 instances where an activist served jail time (each time for around one month, and in all cases focused on leaders). But anyone who takes part in a high risk action should be prepared for the possibility of significant time in jail or prison. Possible charges at the state level include trespass, theft, burglary, rioting, receiving stolen property, and other charges. At the federal level, a charge under the Animal Enterprise Terrorism Act is possible. Many of these offenses—notably burglary and the AETA—are felonies that could in theory lead to years in prison.
If charged, in consideration for my agreement to these terms, the Simple Heart Initiative (TSH) will provide a joint defense to any activists participating in approved legal cases, but that support is contingent on your consent and active communication. I understand that if I fail to stay in touch with the legal support team, then TSH is unable to provide legal support. I agree to keep my contact information up to date with the legal support team. I understand that I am free to decline legal support through TSH at any point, and I agree to communicate this promptly if I decide to decline legal support.
In the context of a mass arrest scenario, I understand the importance of a joint defense agreement. A joint defense agreement allows multiple defendants to conserve resources, align to a common defense strategy, and ensure attempts by the industry and prosecution to “divide and conquer” (by offering some defendants better deals) fail. I understand that my support may be withdrawn if I fail to maintain my obligations under a joint defense agreement. I understand that decisions made to support (or withdraw support) for a joint defense agreement will be made by TSH's executive director (currently, Wayne Hsiung) in consultation with all defendants.
As part of a joint defense agreement, a group of defendants may decide to move for a speedy trial to prevent protracted litigation. I am not required to join this motion, but my failure to join may lead to TSH being unable to provide me continuing support.
I may be assigned a public defender or other counsel by the court. In the event that my assigned lawyer is not working in alignment with the broader defense team, as determined by TSH's executive director, TSH may request that I fire this lawyer from the defense team. I anticipate that I will do so, in the spirit of a joint defense, even if that means I am forced to represent myself in a joint defense case. While a defendant may technically be pro se, all lawyers in a joint defense will be expected to effectively defend the entire case—not just a specific defendant—so the loss of formal representation will not deny me legal support.
If charged, defendants often have to appear in-person before the court for pre-trial hearings. Thus, out of town defendants should note that our legal budget may not cover their travel costs. (Courts often allow an attorney to appear on a defendant's behalf in misdemeanor cases. In felony cases, however, courts often mandate that defendants appear in-person.)
Immigrants face significantly more risk than citizens, and should consult an immigration attorney for advice regarding the risks of taking action. Deportation is a possibility if you are charged, especially with a felony. Immigrants should join high risk actions with extreme caution.
Criminal charges may affect your ability to obtain government grants or seek employment with certain government agencies. Charges may also affect your ability to travel out of the country or even out of the state. Some employers may penalize you—or be unwilling to hire you—as a result of a serious criminal charge. However, nonviolent offenses are unlikely to impact employment for non-government and non-licensed positions. Risks to employment are more likely if you work in a regulated industry or licensed profession. Even in this case, however, many defendants (including Wayne, who is a licensed attorney) have been able to maintain their employment and license.
TSH has a legal budget dedicated to any potential upcoming actions of $100,000. This budget will be distributed to pay for lawyers, expert witnesses, and other legal fees. Generally, we have been able to find pro bono counsel. Defendants may provide input on how to distribute this budget, however, all final decision making will be determined by the executive director of TSH. All information about spending from the legal budget will be shared openly with all defendants who remain aligned with the joint defense agreement.
By signing my name below, I legally agree that I am not an agent of any animal-abusing industry or organization, that I am not acting in concert with any animal-abusing industry or organization (e.g., joining this training with the intent to obtain information about animal rights activists and pass it along to an animal-abusing industry or organization), and that I will not share information from this action with any agent of an animal-abusing industry or organization with the intent to harm an animal advocate or an animal advocacy campaign.
I have carefully read this agreement and fully understand its contents. I am aware that this is a release of liability and a contract, and I sign it of my own free will. I understand that TSH is offering only prospective legal services, but all information I provide will be held confidential under the attorney-client privilege for prospective clients.
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