If I’ve sounded negative about the Farm-to-Consumer Legal Defense Fund’s legal initiatives (see my Aug. 22 and Aug. 24 postings), the negativity isn’t rubbing off on Pete Kennedy, the organization’s president.
He tells me the fledgling organization isn’t about to abandon court actions just because it’s had some legal setbacks.
In particular, the FTCLDF isn’t giving up on challenging the National Animal Identification System (NAIS), even though its federal suit filed last year was dismissed a few weeks back. “Going after NAIS is one of our bigger goals,” he says.
In addition, the organization is actively pursuing several court cases. It’s in the midst of taking depositions in the Manna Storehouse case, the one stemming from a police raid on an Ohio food co-operative late last year, in which the family operating it was allegedly held at gunpoint for several hours while its home was searched.
Plus, Pete doesn’t take an entirely negative view of the cases that have gone badly on the raw milk front. “You can be successful in a lawsuit without winning,” he says. As an example, he points out that the case on behalf of Claravale Farm and Organic Pastures Dairy Co., which in recent days became undone, “helped jump-start the legislative process” in the spring of 2008. The legislature gave overwhelming approval to SB 201, designed to replace AB 1735 with its strict coliform standard, only to see the legislation vetoed last fall by Gov. Arnold Schwarzenegger.
He acknowledges that FTCLDF may not have handled all its cases as well as it might have procedurally, and that problems on the procedural end may have been costly in a few instances.
The setbacks aren’t going to discourage the organization from seeking legal redress where it sees serious government overreaching, and an opportunity for accomplishment. Indeed, Pete sees the possibility of at least one, and possibly more, significant new cases being filed in coming months. He doesn’t want to tip his hand quite yet.
It certainly is important to take a long view when it comes to court actions, since they can drag on for years, with nothing guaranteed. In fact, you’re generally facing long odds, since the judges tend to back the regulators when the judges are convinced public safety is at stake–and the regulators work hard to exploit this tendency. Yet you have to allow a young organization a few missteps. The good ones learn from their mistakes.
Your creation of the legal fund to defend the rights of all of us to eat foods of our choosing, farm freely and defend all parts of the food chain was a visionary and critically important step towards securing our freedoms and health.
I can not tell you how many of our consumers have commented about this and believe in you. FTCLDF allows individuals to easily focus small amounts of individual resources into one huge resource that can fight brilliantly and valiantly for all of us.
If the rumors are right…..I can not wait to see the next round of litigation….the cheer leaders are already warning up!!
Gary….you are a legal raw rock star!!
All the best,
Mark
Just a comment or two on FTCLDF to follow those of Pete Kennedy. I know a bit about litigation from experience, and two members of our family litigate in Federal Court. I have also had the opportunity to read the court filings in the NAIS case. (I have even used some of them and the Hebron case in my law school course.)
Litigation is tough, and at the federal level even tougher, made more so given the complexity of the specific class of federal law under which the NAIS case is being considered. (My understanding is that)…The FTCLDF Team was new to this law, somewhat new to federal litigation-and in my opinion did a remarkable job. The drafts of the court filings improved throughout the course of the case, and from Petes comments, I anticipate a well crafted, focused and argued Appeal-it is not over. The Team will only get better with experience-the opposition wont.
Federal litigation is a stacked deck. Plaintiff attorneys, unless they have extensive experience, need to go to great lengths to become beyond conversant in procedural matters. They face an adversary who can throw unlimited resources (money and expertise) at the issues-resources we of course pay for. Statutory challenge can be very difficult given the nature of the legal issue-often stacked against Plaintiff. And in the NAIS, case the Team came late into the conflict-that in itself would give many experienced litigators pause. But, there we were FTCLDF representing our moral, ethical and legal positionBravo!
Money: Research alone in these sorts of cases is very costlyin generaljust to bring a suit in our District of the Sixth Federal Circuit; Plaintiff can expect to drop immediately more than $25K just to get through the courthouse door four times that is not unusual. The research is complex, the arguments exacting and the expertise costly.
David, your comment on setbacks and missteps is well taken. Setbacks are part of litigation, and to be successful one must keep an eye on the long term goal and modify strategies accordingly. Yes-the good litigators learn from misteps–they also learn to know the details of each case–especially knowing the opponent’s arguments better than the opponent……all comes from experience.
(Paraphrasing the quote by Churchill that: success is stumbling from setback to setback with undaunted enthusiasmlearning as you grow.)
I very well recall the two Hebron Seizures that took place just east and west of where I am now writing. The seizure at the I-94 rest stop and the Hebron home sent a chill through our farm community. Through the dedicated and fine work of Steve Bemis and courage of Richard Hebron- the talk at the Harvest Fest, and our farmers’ markets turned from fear and anxiety to hope. We should never under estimate the comfort folks take knowing that there is someone they can turn to in their darkest hour.
I encourage more attorneys and experts join others in to supporting FTCLDF and itds litigation Team . I wish FTCLDF to continue to be unrelenting in its pursuit of these ethical, moral and legal issues.
Regulation without representation is tyrannySteve Bemis
Best Wishes, and thanks!
Ron Klein
http://lancasterfarming.com/node/2244
Comment period extended on new Pa. milk sanitation regulations. by Chris Torre
The new Pa. milk sanitation regulation will affect raw milk producers and will not be good stated a leading Pa. raw milk farmer!
Plus Pa Ag Sec Dennis Wolff who presided over the brutal farm raids the last few years has resigned. A new era coming? Not likely if the new sanitation bill passes but just a change of tatics perhaps? The farm raids did not win them any friends shall the mantra of food safety?