I’m especially thankful this Thanksgiving for dairy farmers Barb and Steve Smith. Along with others like Mark Nolt, Glen Wise, Richard Hebron, Mark McAfee, Ron Garthwaite, Collette Cassidy, Michael Schmidt, Lori and Darren McGrath, and others I am temporarily blanking out on.

These individuals have stood up to the tyranny our government has become to provide us with life-giving raw dairy products. It’s not as if they’re doing it to become rich, since raising dairy cows is not too often a road to riches.

Standing up to tyranny is much easier said than done. It means confronting regulators, and sometimes entire platoons of regulators and police flooding your property in search of…pure milk. I know how my heart races when I’m stopped by a state trooper for a traffic violation and all I face is the possibility of a fine—I can only begin to imagine what it’s like to confront cars full of them, trying to take away my livelihood.

The extra challenge is that once you stand up to them, there’s really no going back, unless you’re prepared to shuffle back and lick their boots. It’s easy to think, like Amanda Rose commented following the announcement of the judge’s decision on the Smiths: “I forgot why the Smiths took the LLC approach to begin with. I’m glad dairying is still an option for them.”

It doesn’t work like that. The Smiths took the LLC approach because, like so many producers of raw milk, they were being harassed when they held a permit issued by the state—I described their plight in a post a year ago. The Smiths thought they might escape the harassment by adopting a private shareholder arrangement, as all kinds of clubs and organizations do. But they discovered, as we are all discovering, that increasingly, there is no place outside the regulatory system. Moreover, there is no way to appeal the regulators’ actions, no matter how arbitrary, since anyone you appeal to tells you that the regulators are all-powerful.

There’s even this little nugget Judge Egan included in his decision on the Smiths, which I neglected to quote: that a regulation from New York’s Department of Agriculture and Markets  “has the force of law and should be interpreted no differently from a statute.” So regulators can make up any regulation they want—say, that farmers caught drinking their cows’ milk can be barred from ever owning cows again–and presto, it’s as if elected representative passed it and the chief executive signed it into law.

And now that a judge has decreed that anyone who produces milk in New York, presumably even the farmer who milks his own cow, can’t consume raw milk without getting a permit, well, protesters forced back into the permit realm are not unlike runaway slaves of the 1800s who were caught and returned to their owners. They could expect a less than cordial reception once their slave shackles were re-attached.

Here is how Barbara Smith asks the question on this Thanksgiving day: “Why would we put ourselves, and the security of our children, in the hands of those who can at any moment make us essentially destitute, with no recourse or chance for a REAL fair hearing! We need security for ourselves and our kids and Ag and Markets does not provide that for small farmers, despite the fact that their charter says they are supposed to be supporting farmers and farming in New York State.”

I don’t know what the Smiths are going to do. But they should know that lots of us are thankful that they have done as much as they have, which is a huge amount.