The state of Michigan angrily gave in to farmer Mark Baker, telling a state judge that the farmer can continue to raise his hybrid pigs clearly forbidden by the states contentious Invasive Species Order. What’s unclear is how the state’s move affects other farmers.
The state made its move in a desperate effort to avoid a trial, scheduled to begin March 11, that was based on a suit brought by Baker to force clarification of the ISO and its broad prohibition of pretty much all pigs that arent raised by corporate producers.
In a Lake City courtroom packed with 100 Baker supporters, Judge William Fagerman reluctantly dismissed the suit brought by Baker after a Michigan assistant attorney general, Harold Martin, assured the judge that the state was fine with the Russian hybrids being raised by Baker. I could see the pain in the judges face, Baker recounted shortly afterwards. Fagerman, after all, is the judge who had several months ago rejected the states effort to dismiss Bakers suit and ruled that Baker did have enough of an argument about the vagueness of the ISO and concerns about the DNR’s authority, to warrant a trial.
But because the state wasnt seeking any longer to bar Baker from raising his pigs, and wasnt seeking to impose the $700,000 fine it levied last year, Baker technically had no case. The ruling was correct .Any pig with a straight or curly tail is a problem, except on my farm, Baker said.
On his web site, Baker put it this way: Despite the fact .that our pigs are Russian Boar hybrids (clearly prohibited in the ISO) is OK with the DNR and our pigs are legal. This is a complete turnaround from everything theyve stated to date and left our jaws on the table. However, the net result was it gave the judge little choice but to state that there was no longer a conflict. The practical questions were still on the table, but the legal status was changed with (the state lawyer’s) statement. There was no more disagreement about whether or not the Invasive Species Order applied to uswe both agreed that it should not apply. The judge chose to ignore the Declaratory Ruling, which almost perfectly describes our pigs.
This turnabout on the part of the DNR was an an admission of uncle. Their regulation is so incredibly subjective that they could just wave a magic want and make our pigs legal and so avoid explaining themselves under oath. They were desperate not to have to make their case. This eleventh hour move shows their cowardice and their bully nature.
In a video, Baker described a bizarre courtroom scene just preceding the judges ruling in which the states lawyer, Martin, showed his anger about the case by first refusing to shake hands with Baker, and then refusing to stand with everyone else for the Pledge of Allegiance. When an elderly spectator called Martin out, according to Baker, Harry Martin snarled at this man, Are you questioning my patriotism? You have a problem with me? There followed further harsh words over Martins failure to attend a hearing last week, ostensibly because of a snow storm. (A YouTube video catches some of the courtroom exchange.)
After the hearing and the judges dismissal of the case, a suddenly-pleased Martin walked past Baker and his lawyer and, sounding something like a Mafia Don, remarked, according to Baker, What do you think of your court now?
Baker says he was astounded by the entire scene made by the states lawyer. How do you tell your children we have a good system? he asked. I have never seen a man bring discredit down on his organization the way this man did.
What are the practical implications of yesterdays court ruling? According to Baker,s web site We can take our pigs to a USDA (U.S. Department of Agriculture) butcher without fear of refusal due to the ISO. We can sell our weaned pigs this spring and they cant go after our customers.
However, We still dont have clarification on what a feral pig or old world swine is. We still dont know if we are a domestic hog producer per the DNRs legally binding subjective opinion.
Moreover, We get no compensation of any sort for the last two-and-a-half years worth of lost business and livelihood, though he indicated he may file suit against the state seeking financial restitution.
But despite the Michigan lawyers arrogance toward Baker, the state of Michigan clearly has wounds that require licking. It has, under highly public legal pressure, sanctioned one farmer departing from its genetic pig prohibitions. The effect isnt unlike the Vernon Hershberger trial last May, where a jury acquitted the dairy farmer of violating the states dairy and retail licensing laws with his raw milk and other foods. While the decision technically only affected Hershberger, it publicly set a precedent that the state has, thus far, felt bound to respect statewide.
In Baker’s case, the ramifications could be national. Other states contemplating similar orders to restrict raising of “feral” or wild hogs, could hesitate based on the legal events in Michigan. These regulators hate the glare of publicity, of having ordinary people know about their maneuverings against small farms and, most important, having the audacity to speak up and question them.
Per MW dictionary:
Full Definition of FERAL
: of, relating to, or suggestive of a wild beast
a : not domesticated or cultivated : wild
b : having escaped from domestication and become wild
In states where reason does not prevail…and bully reign supreme until they discover that they are nothing but bullies and cowards, need to seriously reevaluate their positions earlier in their game.
This public reverse of position is an admission!!! A huge admission of fault and must be followed by a claim for damages. Perhaps states will be a little more reasoned in their approach to we the people next time.
My deepest and most heart felt congratulations to Mark Baker and his family. They have paid a dear price. Now it is time for the state to pay for this shananigans and get rid of the culture of hate that prevails inside some of these regulatory regimes.
… I’m going to keep on referring all-concerned to the essay “And Not a Shot is fired” by Arthur Burns. In 1960, at their Socialist Internationale, the commies layed-out their plan for subverting the Western nations : by infiltrating the bureaucracies so as to create “Authorities” = nameless faceless, UNacountable agencies which would stealthily appropriate powers away from elected bodies. Now half a century later, BC is infested with such “Agencies”. These people then tell the elected representatives what they want in the way of regulations … without so much as even consulting the people who are directly affected by those regs. Putting the bureaucrats back in their proper place – as our civil servants, rather than the insolent little tyrants they think themselves to be – is tough slogging. But someone’s got to do it.
… A civil action for ‘MAL-feasance of public office’ is the way to go. Not MIS-feasance … MAL-feasance. “Champerty” used to be illegal. But it ain’t anymore. Meaning : the claimant can sell fractions of his interest in such a lawsuit, to raise a war chest. Called “non-recourse lawsuit funding” Everyone who cares about how govt. ought to be done can put their $$ where their core values are, by purchasing an interest in such a lawsuit. If you can buy a lottery ticket, or a latte a day, you can spend a few bucks to finance “laying the lash” on the internal enemies of the Republic who perverted Justice in the hog case.
Just finished a well attended RAWMI WEBINAR that addressed “Udderly Safe Raw Milk” practices. We had about 70 attendees from all over norther America. Not bad….the information is getting out! Several from Universities and 50 that identified themselves as producers.
Here is the Michigan Ass’t AG Harold Martin at Mark Baker’s hearing yesterday. It is quite a remarkable performance. First, he challenges Baker about the farmer’s YouTube videos mocking the state’s efforts to put him out of business (and Martin, by calling him “Harry”). Then, Martin fails to stand for the Pledge of Allegiance. Then, he takes on Baker’s supporters in the courtroom (“Go ahead, tell me how bad I am.” When they do, he interrupts them.) They eventually tell him to turn around and stop wasting their time. As Mark Baker suggested, it is a pretty amazing performance. Must see.
Sorry I missed the Webinar. Are these posted somewhere and available for latter viewing?
Another question, with the drought in CA, what is the impact on Organic Pastures Dairy?
But the milk is still sweet tasting and life sustaining.
Wild birds and animals, we have them all over the place now even after silent spring and eventually when the phood/financial system collapses, it’s what we’ll possibly fall back on. Scary eh? Whats a CAFO again when the trucks ain’t running??
Eat and drink well it’s your best defense. Oppression and repression don’t last long so like long winters weather it. Stay warm and love.
Opdc is not being negatively effected by the drought because we have deep wells and a strong aquifer. In the short term we are fine. Long term if the drought was to continue for several years then the aquifer would suffer, then there could be well issues. We have lowered and extended our well pump bowls 60 foot each just to make sure pastures and almonds stay wet this year. Those farmers that do not have wells and rely only on surface canals are in real trouble. It is raining heavily right now. We will see.
I am so proud of Mark Baker. He is quite a man. Especially when compared to the arrogant ass that represents the state. The Peter Priciple really says it all about the states attorney.
I agree with others that the Bakers deserve some kind of compensation for the needless pain they’ve endured over the past two and a half years. What brave people. Many thanks go to them for contributing to the proud agricultural tradition of our beautiful state and for taking a stand for freedom.
You’re right, Sylvia – an ass. Or maybe horse’s ass would be better. How about jackass? They all fit. 😉
It is scary to me that private people and businesses automated watering systems set their lawns at 2PM when most of it just evaporates. Why not set the timers tot 2AM instead.
And agree on Mr Baker, he is a true American hero. The ass DA, I won’t comment.
You cannot collect any rain water for future use, you cannot have rain barrels, cisterns, etc, you can only have your rainspouts, but cannot attach anything to them to divert the water elsewhere. I don’t know how the Colorado residents allowed the state to get away with this…basically the state of Colorado is claiming that the state owns the water, no matter where it comes from!!
… If you think that the race traitors in high places are going to leave us alone after this round, you’re supremely ignorant of history. I recommend you start by reading how Britain mis-treated the colonies … the problem today is only more of the same. Or, when you’re ready for strong meat’, read what Dr Henry Makow puts on his website.
…Practicing their religion of Free-Masonry / Baal-worship, throughout all history, the “King’s Men” insolently presume that the People are just sheep to be shorn …. Yet even in 1776, only a small percentage of the populace actually engaged the thugs in the uniform of the state, the Hessians … the rest stayed home, and wrung their hands, simpering “oh if we just keep our heads down, it’ll all blow over” , or slunk off to Upper Canada.
… We are ruled by people who hate us. Take a good hard look at that video = the arrogance of the District Attorney says everything you need to know about whether they’re going to go quietly into the night. But it’s OK … you just pull the covers over your head and snooze on, while the nation goes to hell-in-a-handbasket outside your doorstep. there are always a few patriots who care enough about real America, to do what’s necessary. And that’s all it takes, Praise God!
You said “we are ruled by people who hate us”. No kidding? But . . . so . . . making them hate us even more by pushing the envelope will be a solution to the problem? Can you imagine that his [Hal Martin’s] colleagues are duly impressed with his theatre act? I can only hope that not all people involved at this level of the DOJ are in the same class (brain-wise) as him or we’re in trouble anyhow.
yes, the Bakers would be better off, personally, in the long run if they just fold their tents now. But what I know that you don’t know is : how it goes in the real world. start your self-education with the 2 millenia-old maxim AB ASUETIS NON FIT INJURIA. thereafter = “once you stand up, you’re never allowed to sit down again”
you seem not to have cottoned-on to the DUTY of a citizen to shove back against tyranny. Mr Hal Martin’s performance is not really all that offensive, as far as explaining his failure to show up in Court. What is out of the question, is, his extremely bad manners towards people who pay his salary. In 1776, insufferable “pommie bastards’ who acted like that were tarred and feathered, and run out of town on a rail. Of course, your approach = running away and hiding from the continuing problem = is so much more effective. How’s that working for you so far? The best part about the video is ; the contact information for DA Martin, at the very end. Information technologies are the weapons for modern warfaring. Have you called Mr Martin up, lately and told him how much you appreciate his efforts?
Get some facts. let’s see what the Bakers have to say, after the state steamrollered over them, and left them in the dust, a couple of 100 thousand $$ poorer. I bet they have a very different take on things, than your Disney-theology ; vis “if you can’t say something nice, don’t say anything at all”.
your comment is more proof that the major weakness of the Campaign for REAL MILK, is : participants don’t have the measure of the enemy. The best example being, Alice Jongerden. As a Christian, she came into the fray assuming the best of the government. After being put through the meatgrinder of Court by the “health Authorities, for doing nothing worse than feeding hundreds of people with the best food on earth, she’s a cynic.
Perhaps you’d be good enough to tell us, D Smith, how much experience you have in the wordly Court system, from which you draw your opinion? Zero? if so, then the kindest thing to be said is : you know not whereof you speak
Mark Baker, you and your family are amazing and we admire you so much. I have personally seen the stress and pain on two other farmers’ faces in Wisconsin and the hell that their families went through. The state and the corporate lobbyists planned on all the farmers just complying or else. The Michigan Ag Dept. needs to be looked at more closely by the people’s representatives (long shot I know). There absolutely needs to be restitution for the financial and emotional hell the state put this family through for the last 2-1/2 years. I know that its easy for me to say and I certainly would probably just want to go back to my peaceful life. It just seems that if the state can walk away (and so very rudely too), there is no accountability for doing an immense amount of harm to a quiet farm family. Any other farmer (who previously complied and got rid of their pigs) would be unsure if they could raise their pigs again without being harassed. The bureaucrats just seem to get drunk with power and unless a bright light is shone upon them AND there is accountability for their actions, it will happen again. Let’s all give to FTCLDA. They have helped save yet another farm family and protect our rights.
“When you are in a deep hole…and you want to get out of that hole….stop digging a deeper hole.”
This guy is a real hole digger!
This guy is basically the poster boy for how not to conduct ones self in court and win points with the public or even a judge! He just made a real name for himself back at his office and I doubt he ever promotes again….much less keeps his miserable job.
Ora Moose, we as Americans do not share the same water aquifers…they are very local and every area has there own or may not have one at all. The depth, availability and quality of water varies greatly from area to area. Land values vary greatly depending on water quality, depth of water table, recharge systems and aquifer strength etc.
As far as the RAWMI webinar is concerned…I am not sure if it will be archived. I will speak with our RAWMI tech people and let you know.
Also a good way to describe a majority of the regulators, not that I’d claim to have any inside knowledge but as in any industry some are lifers some are part timers .
And real milk is definitely one of those
And Mark, while I’d have to agree that aquifers are natural (except in CA) and weather regional no doubt, they are still part of an overall worldwide inter ecology dependency on balance. Floods here, droughts there you should know what to expect depending on where you are
Let me get this clear, D. Smith ; your solution for dealing with people who cook up laws behind the scenes, then come ’round to enforce them AT GUNPOINT, is : – to smile and tug your forelock while stepping back carefully, mumbling “It was all just a bad dream. I’ll take 2 aspirins then call you in the morning” Have I got that right?
what do you think this Campaign for REAL MILK is about, anyway? There wouldn’t be no raw milk for anyone, if guys like Aajonus Von Derplanetz hadn’t stepped into the gap and gone to the mat with the domestic enemies of the Republic. Contrary to what Jiminy Cricket taught = that you can make the bogeyman go away by simply “wishing upon a star” = “controversy may be our duty” [ said JC Ryle ]
Organic Production Enhances Milk Nutritional Quality by Shifting Fatty Acid Composition: A United StatesWide, 18-Month Study
Rubbish!!! Judges are not supposed to be mere puppets or figureheads and one would think that they would be compelled to use common sense and reason when it comes to enforcing a law such as did Justice of the peace Paul Kowarsky in Ontario when he ruled in favor of Michael Schmidt and dismissed all 19 charges in 2000 and whatever?
Certainly judges aught to have the wherewithal and discretion to suggest that politicians reexamine their laws when they find them to be outrageous, unreasonable, impractical, foolish and if applicable unconstitutional?
The law is an ass, said Charles Dickens Oliver Twist character Mr. Bumble, when confronted with the courts foolish assumption. In the above court ruling however by Harold S. Eskin I would suggest that the law is asinine and that the judge, is an ass for failing to rule in favor of the unwritten law of common sense and reason.
The pain on Judge William Fagermans face as he reluctantly dismissed the suit brought by Mark Baker is a picture of a man struggling with his conscience.
The ramifications of the Mark Baker case would have been much more profound, compelling and expeditious if Judge Faggerman had taken the opportunity to make a statement in court more in line with Gary Coxs statement above, what the state has done is not justice and it does not serve the public. it was a shell game of intimidation, costing mark his business and his livelihood. to put mark through this process, only at the last instant to say “we’re sorry, we were wrong about the law” is unconscionable.
Milk’s of omega-6 (?-6) fatty acid level only matters if you have access to raw milk and more than one source to chose from.
Bounded rationality appears to play a significant role in shaping adoption decisions around organic dairy farming in Wisconsin. It is not always a binding constraint, and it may decline as information and knowledge spread, but it can be a major barrier for farmers to overcome in the early stages of a successful alternative management system or technology. Bounded rationality can also be an ongoing constraint if farmers information satisfice in ways that might prevent them from taking viable alternatives seriously.
Sounds like a lot of big words just to state the obvious.
If a judges were really required to enforce the law, raw dairy cases would be thrown out on the first day. Regulation of food is done on behalf of the consumer. Which means the consumer can exempt any producer from any regulation. You don’t need to be a lawyer to figure that out.
Saying My hands are tied, I’m treating you like anyone else, or telling us what isn’t in the constitution, are just an admissions of guilt, just like Pontius Pilate washing his hands. These judges are admitting their actions are immoral.
“A larger, 34,591-pound cheddar cheese measuring 141.5 feet by 61.5 feet by 51.5 feet was made for the Wisconsin Pavilion at the 1964-65 Worlds Fair in New York. The current record-holder however is a 56,850-pound Cheddar made in Oregon by the Federation of American Cheese-makers in 1989.”
I was thinking in this case of a nonprofit corporation, to represent heritage hog farmers. Different thing.
“Its amazing how something that was so common a hundred years ago is so unheard of today”
I hadn’t seen it before but this article is dated spring 2013 so that would be a hundred and one by now?
Anyhow I learned to love dandelions yummy salads and you could too, sure beats chemicals.
“Who knew that something as simple as milk and molasses had such powerfully positive, far-reaching effects?”
Bear with me, hibernation is almost over.