Farms and farms challenge the constitutionality of the Farm Access Act

DENVER – Today, June 21, Colorado ranchers and ranchers are suing in US District Court to challenge newly adopted legislation requiring agricultural employers to open their private property to trespassing by so-called “primary service providers.”

The following data may be attributed to the Colorado Board of Rural Employers:

“As ranchers and ranchers owners, we have a duty to protect our team members and families, as well as those who visit our farms and ranches, from harm. The new Farm Access Act makes this job much more difficult by requiring us to allow almost anyone onto our property at almost any time.”

“It is our duty to protect the food we grow and harvest from contamination. Many of our farming and ranching operations must meet strict government and industry standards that are inconsistent with people roaming our property, ultimately endangering our customers.”

“Across the state, our farms and ranches use heavy equipment that can be dangerous for those without agricultural work experience.”

“Many of us raise livestock and other livestock that can quickly inflict severe injuries on, or surprise, those who wander into our barns or pastures.”

“Senate Requirement No. 21-087 that we open our private farm and farm property to anyone identified as a ‘service provider’ at any time we operate, without upcoming notice, without any guarantee that they will follow our safety and security rules, and without treatment If they don’t, it puts us in a position that no other class of employers in Colorado face.”

Adopted by the General Assembly in 2021, Senate Act 87 requires agricultural employers to allow so-called “primary service providers” access anywhere on their private farm or farm property, without notice, whenever they wish to contact an existing employee On broken or otherwise does not work. In doing so, this law is in direct conflict with the 2021 US Supreme Court decision in Cedar Point Nursery v. Hassid, in which the court decisively ruled that California regulation allows a limited number of union organizers access to specific locations on farms and other farm property. , in limited times, and only with advance notice, was the unconstitutional appropriation of private property.

Since Senate Pell 87 Farm Access Act places virtually no restrictions on the unrestricted access it provides to major providers of Colorado farms and farms, we are confident that the district court will also decide that it is unconstitutional and unenforceable.

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