Activist Sentenced to Jail for Conspiracy and Trespassing

A California judge has sentenced a high-profile animal rights activist to 90 days in jail followed by two years of probation for his conspiracy and trespassing convictions, which stemmed from two poultry farm protests near Petaluma more than five years ago.

Wayne Hsiung, 42, co-founder of Direct Action Everywhere (DxE), will serve his time in the Sonoma County jail and upon release was ordered to stay at least 50 yards away from poultry farms, is barred from interacting with co-conspirators and forbidden from entering commercial feeding operations without permission.

Hsiung, a lawyer and Berkeley resident, was convicted by a jury of eight women and four men of one felony count of conspiracy and two misdemeanor counts of trespassing. The jury deliberated for six days and deadlocked on a second felony conspiracy charge.

The charges against Hsiung stemmed from protests at Sunrise Farms in May, 2018, and Reichardt Duck Farm in June, 2019. The jury deadlocked on the charge related to the 2019 gathering, which Hsiung denied organizing.

At sentencing, Sonoma County Deputy District Attorney Robert Waner said the case was never about limiting free speech or activism. Rather, he said, it focused on Hsiung’s unlawful, reckless and potentially dangerous behavior.

“That behavior will not be tolerated in this county,” Waner told Sonoma County Superior Court Judge Laura Passaglia.

In his defense, Hsiung said during the 15-day trial that he and DXE were allowed on the farms’ properties under a California law that stated people may enter private property to assist animals that aren’t receiving proper food and water. Later, in his probation report, Hsiung conceded that the law applies strictly to animal shelters. He also admitted that members of his animal rights group gathered at Sunrise Farms without consent.

At the protests, hundreds of animal welfare activists invaded the properties and “rescued” chickens and ducks the alleged were mistreated. Their stated goal was to raise awareness about the birds’ mistreatment and encourage improved conditions at poultry farms. At the Reichardt facility, participants stormed the property, shut off machines and used bicycle locks to secure themselves to equipment.

Hsiung represented himself at trail and argued his intentions were not criminal. Judge Passaglia, however, disagreed, telling Hsiung there is a difference between activism and criminality, and “in this case, you chose to break the law.”

Hsiung could have been sentenced to up to three years in jail for the convictions.