The video below seems almost mundane in its discussion about dairy rules and regulations. But it’s what is not said that is most important here.
Ostensibly, Jackie Owens was at the farm last Thursday to carry out an inspection. Part of her regulatory duty, since her Department of Agriculture, Trade and Consumer Protection (DATCP) is responsible for overseeing farms of all sorts, as she politely explained. And just as politely, the farm’s owner, Verson Hershberger, declined her request for the inspection.
But Vernon Hershberger’s farm not just any ordinary farm. His farm’s milk and other produce are available only to the 100-plus members of his food club.
In addition, Hershberger is facing three misdemeanor charges that accuse him of operating his farm without a dairy permit and of operating a retail store without a retailer permit. He is free on bail, and the terms of his bail prohibit “manufacturing or processing of dairy products for distribution without a valid dairy plant license” and “sale or distribution of milk produced on his dairy farm without a valid milk producer license.”
Just to try to ensure there is no escape,and that the farm can’t truly operate as a farm, the bail terms mandate, “The defendant may not allow anyone else to operate his farm, or any room or building on his property in violation of any of these conditions.”
Hershberger in an emotional courtroom statement two weeks ago renounced the bail agreement. “Your honor, I have spent many sleepless hours since signing the bond due to my conscience being plagued by the thought of shutting up my bowels of compassion to my Brethren who are dependent on the food that is provided by and for them on our farm. To most of them it is not merely a matter of preference but much more a matter of life or death! If the owners of the food cannot eat their own food, aren’t we living in a communist state? If our farm stopped feeding is owners families, there will be literally hundreds of children who will suffer malnutrition and even starvation. Your honor, I would much rather spend the rest of my life behind bars or even die than to be found guilty of such a gross sin before the Almighty God.”
So with all that on the table, it’s clear DATCP agent Owens is at the farm to collect evidence that Hershberger is violating the terms of the bail agreement.
By the way, there is an interesting discussion near the end of the video in which a Hershberger club member inquires of Owens as to whether his farm might be exempt. She provides an intriguing answer.
Looks like the ball is the court’s court.
**
Minnesota is continuing on its campaign of collective punishment against raw dairy farmers by filing criminal charges against Alvin Schlangen in connection with his private food club that supplies members with raw milk and other food.
Schlangen was one of those caught up in the dragnet orchestrated by the Minnesota Department of Agriculture following on the outbreak of E.coli O157:H7 illnesses from Michael Hartmann’s dairy in 2010. His farm was searched at the point, and then yet again last March.
The complaint states, “That on or about March 9, 2011, at approximately 11:00 a.m. at a warehouse located at 61st Street west in the city of Minneapolis, county of Hennepin, State of Minnesota, Levi J. Muhl, Foods Compliance Officer with the Department of Agriculture went to execute a search warrant at the above address. A man later identified as Alvin Schlangen DOB 10/2/57, defendant herein, has leased the space at the above warehouse to sell milk and other foods.
“Upon arrival along with Minneapolis Police Officers, Officer Levi observed the following: fluid milk, eggs, meat, poultry, maple syrup, frozen vegetables and frozen fruit, cheese, yogurt, kefir and other foods…” Sounds like wonderful food.
He now faces four misdemeanor accounts associated with distributing raw milk, selling food without a permit, and selling “adulterated” food. He could face up to a year in jail if convicted on all counts.
On a local listserve, Schlangen yesterday noted that since his run-in with authorities last March, his membership has more than doubled:
“First, and most importantly, we must keep making progress toward a healthy new economy built around local resources. Freedom Farms Coop was robbed ($5,000+ of whlse value) on March 9th of 2011. We were 60 member families at that time. The objective was to stop this activity that was allowing families to become independently healthy. How well did that work out? We are now over 120 families strong, even with the fear factor…”
He added this advice: “In a world where every stock option is a considerable risk, gold is likely a good buy, but an investment in your local food source has incredible potential. Secondly, decide to add your energy to the collective movement that will push this local, healthy food issue into the mainstream media. Talk about your options for real food and join the urban farmers that are lending incredible support to the few farmers that are brazen enough to allow this kind of pressure to influence (or not) their farm and family.”
Well said. Trial date is May 14.
Mrs Owens is no doubt very professional in her behavior, she has nothing to loose because she knows that everything is well backed up. She has nothing to lose because at the end she is and will not be accountable to anybody. She is doing her job, with a smile, with courtesy and a cruel certainty.
This brings me to the point where we all have to ask ourselves;
Are we serious enough to truly stand together and put aside bickering and theoretical legalese which by the way means nothing to authorities. The almost unavoidable consequences Vernon Hershberger will face will be jail, the destruction of his farm and more hardship for his already tortured family.
The sometimes divisive nature of the discussions here on the blog can be viewed as constructive as it concerns us but will be used and examined carefully by bureaucrats to measure the strength and weaknesses of the food rights movement.
Vernon and his family at the end will not be known as a symbol for accepted standards in raw milk production or as a symbol for mass production of raw milk.
Vernon and his family will become a symbol of resisting a cruel and underhanded unjust law.
Vernon and his family have taken on the cross of individual freedom versus the faceless regulatory dictatorship with Jackie Owens representing the modern face of a humane fascism, stamping on basic human rights but this time not with leather boots and brown uniforms like 80 years ago in Germany.
If we want to succeed we need to demonstrate the willingness "to go all the way".
We also need to be able to rally enough support to demonstrate our strength.
Unless we put aside our "technical" and intellectual differences and grow together as a deeply compassionate movement which is willing to sacrifice freedom and even lives for the sake of our future and our children, WE WILL FAIL.
We are not facing marching leather boots stomping down the pavement, we are facing friendly individuals with an army of bureaucrats behind computers creating the reality of Kafka's nightmarish vision.
My dear friends across North America lets not fool ourselves that we are smarter and stronger because we have computers. This is not a computer game, this is the point of no return.
ARE WE TRULY WILLING TO SACRIFICE OURSELVES FOR THE GREATER GOOD???
Vernon appears to be willing to go all the way.
If the rest of us are not willing to do the same then we all will become guilty of supporting through our fear and apathy the manifestation of a cruel and sadistic dictatorship, which will be more brillant and much harder to overcome than the HITLER Regime.
Unless we see a thousand people showing up to support Vernon we have a good chance to lose this battle in Wisconsin and then for sure in many other states.
How can I help manifest this support we need to show for Vernon? I'm in California, where I see "our" bureaucrats presenting a similar smiling face, "with courtesy and a cruel certainty", oblivious to the nature of their violence.
As to the buying clubs, is Mr. Vonderplanitz associated with the one in Indiana or Maryland?
Cat Berge appears to be both a Freedom Rider and on the Board of RAWMI. Am I correct in thinking that the Freedom Riders seem to only get involved in events where raw milk is transported across state lines, i.e. is involved in interstate commerce?
Lastly, what does interstate commerce really have to do with raw milk production?
If we are unwilling to stand side by side with this modern day Rosa Parks known as Vernon Hershberger, then we have communicated to our government that we are not willing to take responsibility for our freedom, and thus we instead choose to wait until the government is willing to give our freedom to us. This is the passive approach to freedom.
Thanks for you willingness to attend and I look forward to seeing you there.
http://rawmilkfreedomriders.wordpress.com/
-Max Kane
It seems that the concept of circumvention of the establishment does not work very well at least in the upper midwest. You just get beat up, arrested, indicted.
I suggest trying this instead. Complete compliance….turn the other cheek, when slapped ask for another slap. Focus on one thing….building markets through teaching and nourishing people. Dollar voting and legislative support for change will follow. This takes time. This takes hard work. To be bogged down in criminal litigation means….you are not teaching or feeding people.
All in attendance will bear witness to an unprecedented and peaceful action from hundreds of activists which will forge a future of food freedom in America. This event will become the most inspiring turning point in the food freedom movement, and will go down as the greatest demonstration for food freedom in our Nation's history.
We are expecting an attendance of 1,000 people. If having the right to choose your food is important to you, then make a commitment to be there, and then publicly announce your attendance in the name of inspiring others to attend at well.
Starting out in the days of Al Capone, Sam Giancanna was in the thick of the vicious practical / financial and political wars for control of the profits from the liquor biz. after prohibition.
He did a bit of time in prison, and was one of the few of those gangsters who managed to survive into his late 60s. Towards the end, an interviewer asked Sam, if you had to do it all over again, what would you do differently?
To which he replied, Id get a licence
I would think this means his produce/dairy products are not open for the public.
http://www(DOT)jsonline(DOT)com/business/state-taking-farmer-to-court-over-raw-milk-sales-7b44t61-139131089(DOT)html
http://www(DOT)wiscnews(DOT)com/reedsburgtimespress/news/article_0083b54a-54c2-11e1-8daf-0019bb2963f4(DOT)html
"Fundraising dinner for Hershberger set"
"Mack said those arguments are less important than the debate over personal freedom from government intervention.
"It doesn't matter (whether raw milk is more or less healthy than pasteurized milk)," he said. "I'm allowed to consume it."
Well, Wisconsinites are fed up, and we aren't going to take it anymore!!! We are starting to fight back against this evil!!!
Ms. Owens spoke of a retail facility. Was she mistaken?
One of the charges against Vernon Hershberger is operating a retail facility without a license. A retail facility, by its nature, is open to the public. Owens is merely parroting the official lingo. Hershberger has farm foods available only to his 100-plus members. It is a private food club, not open to the public.
David
It is my understanding that it is a private entity, not open to the public. So, yes, she is mistaken.
Community-supported agriculture (CSA), crop sharing, etc, are no different than the cow share or private clubs.
http://www(DOT)leginfo(DOT)ca(DOT)gov/pub/09-10/bill/asm/ab_2401-2450/ab_2432_cfa_20100402_105417_asm_comm(DOT)html
"Defines a retail food facility as an operation that stores,
prepares, packages, serves, vends, or otherwise provides food
for human consumption at the retail level, including, but not
limited to public and private school cafeterias, restricted
food service facilities, licensed health care facilities,
commissaries, temporary food facilities, vending machines,
certified farmers markets, as specified, and, farm stands, as
specified."
http://legal-dictionary.thefreedictionary.com/Private+club
This was especially interesting:
"The Court rejected the Jaycees' argument that this order violated its constitutional rights. In its decision, the Court identified two distinct types of protected associations: intimate associations and expressive associations.
According to the Court, intimate associations, such as families, are distinguished by "relative smallness, a high degree of selectivity in decisions to begin and maintain the affiliation, and seclusion from others in critical aspects of the relationship." Such associations are always subject to protection, the Court said, whereas large business enterprises are not.
Based on my reading of this court ruling, Vernon is operating a business enterprise which would not be protected as an "intimate association." What are the qualifications for membership in his club? Does one have to share his religious beliefs, and be part his immediate friends, family, and neighbors? Or is he selling to the general public? It seems to me he is selling to the general public. I don't think there is anything wrong with this, and I would support a jury nullification of Wisconsin's compulsory pasteurization statute in a case like this.
However, the reason I continue to debate this issue with you so incessantly is because I think (besides playing fast and loose with constitutional law and the meaning of a "private club") you are trying to create a very dangerous legal precedent. You are working to undo decades of sacrifice and hard work of civil rights organizers, who fought for integration and against discrimination.
If the legacy of the raw milk movement is going to be the undoing of civil rights, then you can bet I'm going to fight very hard against that tendency within this movement.
http://legal-dictionary.thefreedictionary.com/Private+club
This was especially interesting:
"The Court rejected the Jaycees' argument that this order violated its constitutional rights. In its decision, the Court identified two distinct types of protected associations: intimate associations and expressive associations.
According to the Court, intimate associations, such as families, are distinguished by "relative smallness, a high degree of selectivity in decisions to begin and maintain the affiliation, and seclusion from others in critical aspects of the relationship." Such associations are always subject to protection, the Court said, whereas large business enterprises are not.
Based on my reading of this court ruling, Vernon is operating a business enterprise which would not be protected as an "intimate association." What are the qualifications for membership in his club? Does one have to share his religious beliefs, and be part his immediate friends, family, and neighbors? Or is he selling to the general public? It seems to me he is selling to the general public. I don't think there is anything wrong with this, and I would support a jury nullification of Wisconsin's compulsory pasteurization statute in a case like this.
However, the reason I continue to debate this issue with you so incessantly is because I think (besides playing fast and loose with constitutional law and the meaning of a "private club") you are trying to create a very dangerous legal precedent. You are working to undo decades of sacrifice and hard work of civil rights organizers, who fought for integration and against discrimination.
If the legacy of the raw milk movement is going to be the undoing of civil rights, then you can bet I'm going to fight very hard against that tendency within this movement.
This raw milk battle in Wisconsin is against government run amok. A government manipulated and bought and paid for by one of the largest dairy processor groups in the country. Vernon's sacrifice in this battle will help the movement, but it probably won't win the war. We all need to make an effort to be there on March 2, in Baraboo, to send a message and educate more people about what is happening to our freedom to choose what we eat. Those of you who can't attend, donate to the Wisconsin Raw Milk Association at http://www.wirawmilkassociation.com. Help us make some noise, intimidate some bureaucrats, and challenge their cruel certainty!!
Wayne Craig