Max Kane addresses his supporter outside the Viroqua courthouse before his court appearance. I expected last evening when about 40 supporters of Max Kane gathered at one of Viroqua’s largest homes—now a bed-and-breakfast—that lots of people would be hanging their heads.

Kane had, after all, had all his arguments about the illegality of Wisconsin’s efforts to question him about his raw milk buyers club rejected by a state judge, one who had clearly entered the courtroom prepared to listen to the arguments in the case, and possibly be sympathetic. The judge made it obvious, though, that he wasn’t necessarily rejecting the arguments, but more likely rejecting Max Kane’s presentation of the arguments. My sense of the situation was that the young raw milk distributor could have been the reincarnation of Oliver Wendell Holmes, and the judge still would have rejected him simply because he wasn’t a lawyer. (Yes, Don Wittlinger, that’s the way the legal system operates–this country was founded by lawyers, and lawyers run the legal system, and only want to hear from other “union” lawyers.”

Yet at the dinner gathering, the mood was upbeat. And it wasn’t just because Max Kane had arranged for an array of his favorite foods—the raw items he credits with having eradicated his Crohn’s disease a few years back: raw tuna, salmon, ground lamb, and steak, along with gallons of milk, cheeses, and a huge block of butter for the fresh whole-grain bread . (For those who were raw-food-shy, there was a delicious cooked beef stew.) All topped off with four different cream and cheese pies.

Aside from the food, part of the upbeat mood was clearly due to the fact that a number of individuals from around the country who are outspoken about raw milk and food rights had taken the time to travel to Viroqua, a tiny town of about 6,000 that isn’t easy to get to (a five-hour car ride from Chicago’s O’Hare Airport in the snow that is a regular presence this time of year). The outsiders included Michael Schmidt, the Canadian dairy farmer who has been raided four times over the years by authorities there for distributing raw milk; Mark McAfee of Organic Pastures Dairy Co.; Michael Badnarik, the Libertarian Party presidential candidate in 2004 (more about him later); and me.  

Another  part of the upbeat mood was due to the sense, as Michael Schmidt put it to me last evening, “What we saw here was the galvanizing of a movement.”

Scott Trautman, the Wisconsin dairyman who lost his Grade A dairy license for selling raw milk, echoed that assessment, saying that fewer farmers feel intimidated by the state agriculture agency’s crackdown on raw milk that’s been going on during much of 2009. “I’m determined to stand up to DATCP (the Wisconsin Department of Agriculture, Trade, and Consumer Protection) until a number of people there are fired.” Moreover, increasing numbers of Wisconsin dairy farmers are coming to hold that view, and are plotting moves to challenge the state authorities, he said.

Max Kane after the court session spoke to supporters and said his upcoming strategy is “appeal, appeal, appeal.” He must have anticipated Hugh Betcha’s suggestion: “Delay, delay, delay.”

The spirited demonstration prior to Max Kane’s court appearance, along with the afternoon of educational talks by the out-of-towners, and the upbeat dinner gathering, all imparted a feeling of growing unity, and growing enthusiasm for the cause that is emerging.

If a movement really has taken shape, DATCP officials, and their cronies at the U.S. Food and Drug Administration, may come to regret the decision to make Wisconsin this year’s ground zero in the government’s campaign against raw milk. Their decision to make public examples of people like Max Kane, Scott Trautman, and Wayne Craig has worked, but not in the way the authorities expected. These individuals are now seen as heroes by supporters of food rights, individuals to be supported and emulated.

There are definitely two fronts in the battle for raw milk. There’s the legal front, with cases like that of Barb and Steve Smith, which Steve captures so well in his comment following my previous post. Dave Milano and others articulate clearly the pros and cons of the legal and regulatory side.

Then there’s the political and public opinion fronts that are emerging in the form of legislative and protest campaigns, of the sort that just occurred in Viroqua.

DATCP may have won the court battle on Monday, but they are in growing danger of losing the political and public opinion war, and that may be where the most important action is.

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One of the downers of yesterday’s events in Viroqua was the sudden illness of Michael Badnarik, the Libertarian Party’s presidential candidate in 2004. He collapsed at lunch, after the court proceedings, apparently from a heart attack. He was hospitalized, but by evening hadn’t regained consciousness.

Decked out in a big Texas hat, he gave probably the most fiery speech at the rally preceding the Max Kane court proceedings, declaring, “I own my body and I decide what goes into it.” He repeated his now-famous line, referred to in comments following my recent posting about the FDA’s complaints about Mark McAfee’s threats of violence, concerning forced vaccination: “You bring your needle and I’ll bring my 45, and we’ll see who makes the bigger hole.” He stirred the crowd more than any other speaker.

Afterwards I complimented him: “You really know how to work a crowd.”

“I’ve had some practice,” he replied. Let’s hope that speech outside the Viroqua courthouse Monday wasn’t his last.

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I’m glad to see the sincerity of the comments following my previous two posts improving. I’ll have to digest all the ideas, but I will say that Paris peace talks sound like something I could handle.