Max Kane outside Wisconsin courthouse before hearing last December. Should consuming raw milk be classified as a form of free speech? Raw milk might have a better shot at legal protection if it fell under such classification. The U.S. Supreme Court has just invoked the First Amendment protection for a guy distributing films showing dog fights and other animal cruelty.
I’m amazed that Congress could have enacted legislation to outlaw distribution of depictions of animal cruelty, since it’s such an obvious infringement on free speech. Not that I encourage such depictions, or have even the most remote interest in seeing them, but protecting the rights of fringe people and fringe media is a big part of the intention of the First Amendment.
Actually, there are signs that the raw milk issue might be heading toward more favorable consideration by judges–faint signs, mind you, but signs nonetheless. The Wisconsin judge’s decision on Max Kane was such a sign. In the grand scheme of things, the judge’s decision wasn’t the least big momentous. All he did was delay a decision on possibly jailing Max pending an appeals court decision. If the appeals court decides against Max–that could happen in two weeks, two months, or two years–he could well be facing the whole throw-him-in-jail-and-throw-away-the-keyl scenario once again.
But what the judge did, in effect, was say to Wisconsin’s Department of Agriculture, Trade, and Consumer Protection–This issue isn’t nearly as urgent or this individual nearly so dangerous that we have to force him to testify, or throw him in jail.
In a real sense, the judge was expressing irritation with DATCP. This isn’t the first time a judge has expressed irritation with regulator zeal in pursuing producers or distributors of unpasteurized milk. We had such an instance just a few weeks ago, in California, when a federal judge chastised a Justice Department lawyer representing the U.S. Food and Drug Administration for trying to “hang (Organic Pastures Dairy Co.) until dead” by proposing endless inspections of the dairy that OPDC would have to pay for.
In 2008, a federal judge in Seattle refused to impose a plea deal under which the owners of Dee Creek dairy would have been placed on probation for a year for violating federal law on raw milk distribution after several of its consumers became ill. “I don’t see how we accomplish anything by having these two people put on probation,” the judge said. “I don’t get it.”
While judges seem ever less inclined to buy into the regulators’ hysteria, nor are they overruling regulator authority. We’ve seen that most clearly in the refusal of judges in New York state to infringe on the authority of New York Department of Agriculture and Markets in the case of Meadowsweet Dairy and its private limited liability company.
It often takes years for seemingly new concepts of legal rights to become accepted by the judiciary. That was the case with civil rights. Crazy to think that “food rights” should be such an instance, but it is. As I’ve said, judges are people, out there reading blogs and listening to their neighbors, and they need to be educated. We may be too far down the road of fear mongering and regulator hysteria to change things (as Dave Milano notes in a comment following my previous post, about prohibiting certain trees in New Mexico), but as the abuses of people like Max Kane become known, we can hope that a shift may be possible.
***
I just wrote an article for Grist.org in which I question the growing role of the U.S. Food and Drug Administration over our food system, as exemplified by the new food safety legislation. I suggest that the U.S. Department of Agriculture might actually be the lesser of two burecaucratic evils.
Federal Judge Wanger after reviewing the arguments made by the FDA in the FDA v OPDC Pet Food Misbranding and interstate shipment case….gave the FDA next to zero in his summary judgment decision. The matter is done and buried finnally.
I am overjoyed that the FDA did not get the right to charge OPDC for repeated inspections and got none of the special authorities or damages that they requested.
OPDC must remove the Got Asthma? statements from their trucks and not transport or sell raw dairy products accross state lines. This is not anything new….it is basically the same thing that was already part of the FDA criminal settlement.
The judge basically gave the FDA nothing to write home about and we are very happy with the decision and look forward to focussing on education and expansion of the CA raw milk markets. Since the departure of Wholefoods our sales have raged higher and higher.
I call it "the Jamie Oliver effect"….CA gets it and the hungry masses are seeking whole unprocessed foods….
That means raw milk.
Mark
In New York City, on August 23, 1956, the FDA supervised the burning of several tons of Wilhelm Reichs publications in one of the citys garbage incinerators. This destruction of literature constitutes one of the most heinous examples of censorship in United States history. (American Library Association)
http://www.ala.org/ala/aboutala/offices/oif/bannedbooksweek/bookburning/20thcentury/20thcentury.cfm
Raw milk has been in the news quite a bit this last week:
Wisconsin Pediatricians Oppose Sale of "Raw Milk" — WIAAP Urges Defeat of AB …
The First Reporter
Raw milk is a known link to food-borne illnesses carried through bacteria such as E coli, Salmonella, Listeria, and Campylobacter. …
Man Paralyzed After Allegedly Drinking Raw Milk
WYTV
A Pennsylvania man is on life support after allegedly drinking raw milk containing Campylobacter bacteria. The milk was produced at Pasture Maid, …
Charles J. Czuprynski: Science shows no benefit in raw milk
Wisconsin State Journal
As a microbiologist, I take exception to Friday’s editorial Move milk bill to Doyle’s desk. It suggests the health benefits of raw milk are yet to be …
Local Man On Life Support After Drinking Raw Milk
WPXI Pittsburgh
PITTSBURGH — A 67-year-old man from Mars, Pa., is on life support at UPMC Presbyterian and his family is convinced it’s because of the raw milk he consumed …
Real Raw Milk Facts dot com Seeks to Bring Science to the Raw Milk Debate
Food Poison Journal
A new website has launched in an effort to bring unbiased information into the often heated discussions about raw (unpasteurized) milk…
Wisconsin governor undecided on fate of raw milk bill
FOX 21 Online
He says everyone knows people who grew up on farms drinking raw milk, and believe they’re healthier and stronger for it. But Doyle adds there’s also a …
US government continues its war on raw milk
Natural News.com
(NaturalNews) Growing awareness among the American populace about the health benefits of wholesome, raw milk has been steadily increasing over the past …
Wisconsin Lawmakers Consider Raw Milk Bill?
(Madison, WI)
The Wisconsin state Assembly is expected to consider a bill today to legalize the sale of raw milk. Lawmakers took up the issue at the …