Hsiung was incarcerated in November 2023 after being convicted of felony trespassing for his role in an open rescue of sick and dying chickens from Sunrise Farms in 2018.[12][1] Prior to this trial, Hsiung had been found guilty of two felonies;[13] in other jurisdictions he has faced charges of up to 60 years in prison.[14] In the most serious case, Hsiung was offered resolution that involved no prison time, on the condition that he refrain from criticizing the company he had investigated, Smithfield Foods; he and co-defendant Paul Picklesimer refused the offer and were acquitted after trial in October 2022.[15]
Early life and education
Hsiung's parents emigrated from Taiwan in the 1970s.[16] His father did work involving vivisection for several years, which left a lasting impact on Hsiung and motivated him to become an animal rights activist. He also was influenced by Patty Mark, founder of Animal Liberation Victoria.[17]
As a lawyer,[20] Hsiung was involved in environmental activism and studied with economists Eric Posner and Mark Duggan.[citation needed] He coauthored an analysis of the effect of climate change on nonhuman animals with behavioral law and economics scholar Cass Sunstein.[21] Hsiung was suspended by the California State Bar in March 2024, but was reinstated in May 2024.[20]
Direct Action Everywhere
In January 2015, Hsiung organized an "open rescue/investigation" on a certified humane egg farm in Petaluma, California. Hsiung and Direct Action Everywhere protesters climbed over a barbed wire fence to enter an egg farm and take video of alleged animal abuses such as confinement, preening from stress, and lack of water.[22] In January 2015, DxE released a video narrated by Hsiung that showed him and other activists rescuing a hen.[23] In the video there are birds with blisters and missing feathers.[24] These hens were from a "cage-free" egg farm at Petaluma Farms, a major west-coast supplier to Whole Foods and Organic Valley. Hsiung, as the narrator, refers to the "stench," "filth," and "misery" around him. He shows several birds that appear to have blisters, missing feathers, and caked-on feces, though some birds have no visible health problems.[23] The crew dramatically rescues one injured bird, handing her over the fence, one activist to another, and rushing her to a vet in Berkeley, who declares the bird to be in dismal shape.[23]
In April 2016, Hsiung and two other members of DxE went to Yulin, China, the location of the infamous Dog Meat Festival, to document the animal cruelty.[25][26] In one of the videos, dogs screamed as they were beaten to death.[27] Hsiung and two other DxE activists removed three dogs from the facility.[25] Hsiung claims that he was beaten and arrested in China for the theft of the three dogs, held for two days, and then deported.[28][29]
In 2017, Hsiung, along with four other DxE activists, investigated a pig farm owned by Smithfield Foods in Utah and rescued two piglets from the facility. FBI agents were dispatched to look for these piglets and searched two animal sanctuaries in Utah and Colorado. Witnesses of the raids said the FBI agents sought DNA samples from pigs at the facilities as part of a search for the missing piglets.[30][31] To obtain the DNA samples, the state veterinarians accompanying the FBI cut off close to two inches of a piglet's ear at one of the sanctuaries.[32] Hsiung was indicted in Utah on multiple charges including felonies (burglary, livestock theft, and engaging in a pattern of illegal activity) and a misdemeanor riot charge relating to a break-in "investigation of animal cruelty" at this Smithfield Foods farm.[33] Journalist Glenn Greenwald at The Intercept reported that the prosecution was politically motivated, as attorneys prosecuting the case had financial ties to Smithfield.[34]
On April 24, 2018, Hsiung was arrested and charged with "threatening bodily injury" in Boulder, Colorado, at Whole Foods after asking questions at the store about the source of its meat products. Musician Moby posted a video on Instagram that questioned whether Whole Foods was "support[ing] an unconstitutional police state wherein people aren't allowed to ask questions."[35]
In May 2018, Hsiung and other protesters walked into a Santa Rosa Egg Farms facility, rescued chickens, and recorded extensive video footage which illustrated systemic animal abuse, massacre and mutilation.[36] Hsiung maintained that his actions and those of DxE were legal, providing a legal opinion to the owners and the employees of the facility when they demanded he and the protesters leave.[37] The opinion asserts that California Penal Code Section 597e and the common lawdoctrine of necessity permit the removal of sick and dying animals in certain situations, including from commercial facilities DxE investigated.[38] The opinion has been untested in court. Hsiung and Direct Action Everywhere have labeled this, and numerous other actions, as "open rescues."
Another large-scale action occurred on September 29, 2018, when activists, including Hsiung, walked into Petaluma Poultry in Petaluma, CA and provided water to chickens that they claimed were injured and could no longer walk to reach water on their own.[39] The activists had set up tents as "medical centers" to care for the animals, providing them with water, food and also medical treatments for injured birds. After setting up on-site medical tents and treating some of the birds, the protesters started to leave the farm with both dead and alive animals, taking the ones who allegedly needed the most medical care.[40] The police arrived at the scene with about 40 deputies and one helicopter, arresting the activists and handing the animals over to animal control. The police allowed the activists to take one hen off the property of the farm and to provide it with veterinary care, but 58 activists were arrested on various felony conspiracy, felony burglary, and misdemeanor trespass charges.[citation needed][37][41]
Hsiung has also been a part of several other high-profile protests and incidents, most notably a disruption of a San Francisco Giants-LA Dodgers baseball game in September 2016 that led to him being tackled by Giants player Angel Pagan on national TV.[42] He was also a high-profile spokesman for a series of protests at presidential rallies during the 2016 Democratic Presidential Primary over the candidates' support for animal agriculture.[43]
Hsiung has also given various talks at various universities about social activism and animal rights. In November 2014, Wayne Hsiung was a guest speaker at UC Berkeley, where he gave a talk titled, "What if Everything We Think We Know about Social Change is Wrong?"[44] In January 2019, Hsiung gave a talk at Stanford University Law School titled "Changing the Law by Breaking It: a Conversation on Activism, Animal Welfare, and the Law with DxE Founder, Wayne Hsiung."[45]
In December 2021, Hsiung was found guilty of two felonies, larceny and breaking and entering, in Transylvania County, North Carolina. The charges were based on an open rescue of an infant goat at a 15-acre farm. Hsiung represented himself in the proceedings, and he received a suspended sentence with 24 months of supervised probation and was required to pay the farmer US$250 as the value of the stolen goat.[46]
In November 2023, Hsiung was sentenced to 90 days in jail and two years probation on trespassing charges after engaging in an open rescue at the Sunrise Farms chicken farm in 2018. He served 38 days before being released early.[1]
Berkeley Animal Rights Center
In 2017, Hsiung was involved in the founding of the Berkeley Animal Rights Center, the first community center in the United States dedicated to animal rights.[citation needed][47] Hsiung has also been a speaker at the annual Animal Liberation Conference that takes place in Berkeley, California.[48]
2020 Berkeley Mayoral Race
On April 3, 2020, Hsiung announced he was running for Mayor of Berkeley.[49] While focused on animal rights, his platform also included converting under-utilized corporate property into permanent supportive housing for individuals experiencing homelessness; accelerating Berkeley's carbon-neutral timeline to 2025; creating a plant-based, pedestrian-only, and fossil fuel-free "Green District"; and transitioning the Berkeley Police Department away from allegedly aggressive law enforcement to community health and support.[50] Hsiung received 10,522 votes (24%) but was defeated by incumbent Jesse Arreguin who received 29,229 votes (65%).[10]
The Simple Heart Initiative
In 2021, Hsiung co-founded a nonprofit called The Simple Heart Initiative (TSH). The mission of TSH is to build a mass movement for open rescue. In 2024, Harvard Law Review published an article co-written by Hsiung, Justin Marceau, and Steffen Seitz called, Voluntary Prosecution and the Case of Animal Rescue. [51]
Personal life
Hsiung lives with his dog, Oliver, in San Francisco. He rescued Oliver from Yulin, China, where Oliver was to be slaughtered at the Yulin dog meat festival.[52]
Hsiung is on the board of directors of the Climate Defense Project, which represents environmental activists and pursues environmental impact litigation.[53]
Karen Davis was an American animal rights advocate, and president of United Poultry Concerns, a non-profit organization founded in 1990 to address the treatment of domestic fowl—including chickens, turkeys, and ducks—in factory farming. Davis also maintained a sanctuary.
Butterball is a brand of turkey and other poultry products produced by Butterball LLC. The company manufactures food products in the United States and internationally—specializing in turkey, cured deli meats, raw roasts and specialty products such as soups and salads, sandwiches, and entrées.
In animal rights and welfare, open rescue is a direct action of rescue practiced by activists. Open rescue involves rescuing animals in pain and suffering, giving the rescued animals veterinary treatment and long-term care, documenting the living conditions, and ultimately publicly releasing the rescue and documentation.
The Green Scare is legal action by the US government against the radical environmental movement, that occurred mostly in the 2000s. It alludes to the Red Scares, periods of fear over communist infiltration of US society.
Smithfield Foods, Inc., is an American pork producer and food-processing company based in Smithfield, Virginia. It operates as an independent subsidiary of the multinational conglomerate WH Group. Founded in 1936 as the Smithfield Packing Company by Joseph W. Luter and his son, the company is the largest pig and pork producer in the world. In addition to owning over 500 farms in the US, Smithfield contracts with another 2,000 independent farms around the country to raise Smithfield's pigs. Outside the US, the company has facilities in Mexico, Poland, Romania, Germany, Slovakia and the United Kingdom. Globally the company employed 50,200 in 2016 and reported an annual revenue of $14 billion. Its 973,000-square-foot meat-processing plant in Tar Heel, North Carolina, was said in 2000 to be the world's largest, slaughtering 32,000 pigs a day.
Peter Daniel Young is an American animal rights activist. He was indicted by a federal grand jury in 1998 on charges related to fur farm raids in Iowa, South Dakota, and Wisconsin in 1997. He was in hiding for seven years, before being arrested in San Jose and sentenced to two years' imprisonment in 2005. Young was released in February 2007.
Dog fighting in the United States is an activity in which fights between two game dogs are staged as a form of entertainment and gambling. Such activity has existed since the early 19th century in the United States and was gradually prohibited in all states. It continues as an underground activity in both rural and urban locations.
Animal ethics is a branch of ethics which examines human-animal relationships, the moral consideration of animals and how nonhuman animals ought to be treated. The subject matter includes animal rights, animal welfare, animal law, speciesism, animal cognition, wildlife conservation, wild animal suffering, the moral status of nonhuman animals, the concept of nonhuman personhood, human exceptionalism, the history of animal use, and theories of justice. Several different theoretical approaches have been proposed to examine this field, in accordance with the different theories currently defended in moral and political philosophy. There is no theory which is completely accepted due to the differing understandings of what is meant by the term ethics; however, there are theories that are more widely accepted by society such as animal rights and utilitarianism.
The Western Animal Rights Network (WARN) first appeared in 2005 as a coalition for animal rights groups in the West of England and South Wales and acted as a news service for animal rights demos and action reports.
The Animal Liberation Front (ALF) is an international, leaderless, decentralized movement that emerged in Britain in the 1970s, evolving from the Bands of Mercy. It operates without a formal leadership structure and engages in direct actions aimed at opposing animal cruelty.
Karen Dawn is an American animal rights and welfare advocate and writer.
Mercy For Animals (MFA) is an international nonprofit animal protection organization founded in 1999 by Milo Runkle. MFA's mission is to "prevent cruelty to farmed animals and promote compassionate food choices and policies."
New Zealand Open Rescue is an animal rights advocacy organisation, formed in 2006, by a collective of animal rights activists from across New Zealand. The organisation uses non-violent direct action and civil disobedience to promote awareness and create change on the issue of factory farming, most notably of pigs and egg laying hens.
Animal welfare and rights in the People's Republic of China is a topic of growing interest. China has had limited animal protections by international standards, and animal-rights activists have condemned the treatment of animals in the country. Movements towards animal welfare and animal rights are expanding in China, including among homegrown Chinese activists, but face resistance from nationalists.
Direct Action Everywhere (DxE) is an international grassroots network of animal rights activists founded in 2013 in the San Francisco Bay Area. DxE uses disruptive protests and non-violent direct action tactics, such as open rescue of animals from factory farms. Their intent is to build a movement that can eventually shift culture and change social and political institutions. DxE activists work to "put an end to the commodity status of animals."
Animal welfare and rights in South Korea is about the laws concerning and treatment of non-human animals in South Korea. South Korea's animal welfare laws are weak by international standards. There are a handful of animal welfare and rights organizations working in South Korea, which appear to be focused largely on the welfare of companion animals and the dog meat trade.
Animal welfare and rights in Mexico regards the treatment of and laws concerning non-human animals in Mexico.
Amy Soranno is a Canadian animal rights activist in British Columbia.
Zoe Rosenberg is an American animal rights activist and animal sanctuary founder. She participates in public forms of direct action at sporting and university events. In 2014, Rosenberg founded the Happy Hen Animal Sanctuary based in San Luis Obispo, California.
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