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 No Right to Produce or Eat Food in WI????
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Annika
True Blue Farmgirl

5602 Posts

Annika

USA
5602 Posts

Posted - Sep 28 2011 :  8:18:55 PM  Show Profile
Wow! I just read this and wonder what others of you think??? I think we need to take the choice with what we eat or farm or grow away from the Big Ag folk! This is a scary precedent and it won't be the last if we don't nip it in the bud. This is meant to cripple small family farms and destroy or ability to choose what to eat or not eat. Please read it. I posted the link if any of you want to read more on the NoNAIS site.



http://www.nonais.org/2011/09/27/wi-no-right-to-produce-or-eat-food/

September 27, 2011
WI: No Right to Produce or Eat Food
Alert - National, Action Item — walterj 9:29 am

In scary legal news a Wisconsin judge had gone completely loopy declaring that citizens have no right to produce or eat the foods of their own choice.

In response to a request from the Farm-to-Consumer Legal Defense Fund, the judge issued a clarification of his decision last week regarding his assessment of the constitutionality of food rights. The judge expanded on his original statement that such constitutional issues are “wholly without merit.”

He explained that the FTCLDF arguments were “extremely underdeveloped.” As an example, he said the plaintiffs’ use of the Roe v Wade abortion rights case as a precedent does “not explain why a woman’s right to have an abortion translates to a right to consume unpasteurized milk…This court is unwilling to declare that there is a fundamental right to consume the food of one’s choice without first being presented with significantly more developed arguments on both sides of the issue.” Gee, I thought they both had to do with the right to decide what to do with your own body.

As if to show how pissed he was at being questioned, he said his decision translates further that “no, Plaintiffs to not have a fundamental right to own and use a dairy cow or a dairy herd;

“no, Plaintiffs do not have a fundamental right to consume the milk from their own cow;”

And in a kind of exclamation point, he added this to his list of no-nos: “no, Plaintiffs do not have a fundamental right to produce and consume the foods of their choice…”

You have to wonder if maybe even the regulators are getting a tad uncomfortable with the rulings coming from the nation’s judiciary on food rights. Many of these individuals, biased as they are against raw milk, dabble in farming to some extent, or grew up on farms. This judge has gone way beyond what many of them have come to assume–that everyone has the right to own a cow and consume its milk Even in places that ban raw milk sales, there’s nearly always a provision in state law that anyone who owns a cow has the right to consume its milk.

It seems Judge Fiedler is saying it’s not a “fundamental right,” but rather a right granted us by the state.
-The Complete Patient

The original judgement can be seen here. To quote from the main points:

1) no, Plaintiffs do not have a fundamental right to own and use a dairy cow or a dairy herd;

2) no, Plaintiffs do not have a fundamental right to consume the milk from their own cow;

3) no, Plaintiffs do not have a fundamental right to board their cow at the farm of a farmer;

4) no, the Zinniker Plaintiffs’ private contract does not fall outside the scope of the State’s police power;

5) no, Plaintiffs do not have a fundamental right to produce and consume foods of their choice;

In other words: Put down that carrot and backup slowly. Anything you eat or grow can and will be held against you in a court of law. You have now entered the police state of 1984. Shut up.

Why is this happening?
Simple, Big Ag is scared that small producers are going to take away a little bit of the market share. They are using their lobbyist and regulatory minions to put the squeeze on small family farms that have found a niche outside the mainstream in order to scare consumers back into buying at the big teats. When that doesn’t work they resort to government raids and insane judicial judgments against the small producers because Big Ag isn’t able to compete on a level playing field even with the help of all the subsidies they get.

What can you do?
Make a stink. Publicize these issues. Write about them on your blogs, web comments, to your representatives and in letters to the newspapers (you know, the crinkly things you fold that has the black ink - still a great tool of free speech as there are plenty of independents left.)

Support your local small farmers. Fight back with your pocket book. Hurt Big Ag where they feel the pain, in their wallets. Spend your dollars locally and as directly as you can to small stores and small family farms so that money flows back into your local economy.

Write your state senators and representatives and ask them to put forth a constitutional amendment that guarantees all people the fundamental right to hunt, grow, produce, own and consume their own food of all forms (animal, vegetable, fruit, cereals, nuts, fungi, etc).Support your local small farmers. Fight back with your pocket book. Hurt Big Ag where they feel the pain, in their wallets. Spend your dollars locally and as directly as you can to small stores, restaurants and family farms so that money flows back into your local economy.

Contact your state senators and representatives and ask them to put forth a constitutional amendment that guarantees all people the fundamental right to hunt, grow, produce, own and consume their own food of all forms (animal, vegetable, fruit, cereals, nuts, fungi, etc).



Annika
Farmgirl & sister #13

Simplicity is the ultimate sophistication. ~Leonardo DaVinci

TeresaJ25
True Blue Farmgirl

975 Posts

Teresa
Medford NY
USA
975 Posts

Posted - Sep 29 2011 :  05:22:00 AM  Show Profile
This judge sounds like a very uneducated man. So sad.
Heading to the Farmer's Market today to buy fresh veggies grown in someone's backyard... and that IS my fundamental right!


~Teresa
Farmgirl Sister #1348
Little Henhouse on the Island

*Anyone can criticize and complain and predict doom and gloom.
Be the person who fills the room with sunshine!
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Okie Farm Girl
True Blue Farmgirl

1674 Posts

Mary Beth
McLoud Oklahoma
USA
1674 Posts

Posted - Sep 29 2011 :  05:26:31 AM  Show Profile
Oh my goodness. Is he nuts?? I can' believe that we are even dealing with this. Our government has run amok. It's a case of a beauracracy determining that they know better than individuals do. That is always a disaster. After reading the article that you posted, I then saw this article:
http://www.cnsnews.com/news/article/nyc-mayor-bloomberg-government-s-highest-duty-push-healthy-foods with the headline: NYC Mayor Bloomberg: 'Government’s Highest Duty' Is to Push 'Healthy' Foods
He has a fixation and it involves a power complex where he thinks he's God and knows what is best for everybody else. He and this judge should be looking at their own lives and working on themselves. That'll take up all of their time where they won't have to focus on the rest of us. Good grief. What a maroon - in the words of the great Bugs Bunny.

Mary Beth

www.OklahomaPastryCloth.com
www.Oklahomapastrycloth.com/blog
The Sovereign Lord is my strength - Habakkuk 3:19
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Fiddlehead Farm
True Blue Farmgirl

4562 Posts

Diane
Waupaca WI
USA
4562 Posts

Posted - Sep 29 2011 :  05:59:13 AM  Show Profile
Annika,
Thanks for posting this. I live in Wisconsin and we have seen some pretty outrageous goings on lately. I have posted before in the "Raw Milk" thread about small farmers being treated like illegal drug producers. It is all about the Corporate Dairy vs the Small Farmer. Our previous Governor (Doyle) signed the raw milk bill only to buckle at the last minute from Big Dairy Lobbyists. He vetoed it at the last minute. He is no longer Governor and I believe in Governor Walker and his cabinet. I do not buy anything from Big Corporations. I grow my own and buy from local farms. If we all did this just think of the impact it would have.

http://studiodiphotosite.shutterfly.com/
farmgirl sister #922

Don't go with the flow...you are the flow.

I get up every morning determined to both change the world and have one hell of a good time. Sometimes this makes planning my day difficult.
- E. B. White
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pnickols
True Blue Farmgirl

808 Posts

Patricia
Parma Ohio
808 Posts

Posted - Sep 29 2011 :  06:05:39 AM  Show Profile
this guy is a total nut case !!
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acairnsmom
True Blue Farmgirl

1319 Posts

audrey
cheyenne wy
1319 Posts

Posted - Sep 29 2011 :  08:13:34 AM  Show Profile
I don't agree with this judge either but on the flip side, you can not have a cow if you live in the suburbs or the city. Many cities are just now allowing backyard chickens but I doubt if they will ever allow a cow (at least in my old hometown). So I suppose it can be argued that people "do not have a fundamental right to own and use a dairy cow" as the judge stated. When I was living in the 'burbs I had never thought about buying a cow but boarding it on a farm but now see that might be an option for some. I would think if you could find someone to board your cow then you should have the right to consume it's milk no matter where you live. We have gotten so polarized about everything in this country it's ridiculous.

Audrey

Toto, we're not in Kansas any more!
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FarmDream
True Blue Farmgirl

1085 Posts

Julie
TX
USA
1085 Posts

Posted - Sep 29 2011 :  2:29:54 PM  Show Profile
I agree with Audrey. I neither think Big Ag has a "fundamental right" to take over our food choices. I vote with my wallet and buy local for as much as possible.

~FarmDream is Farmgirl Sister #3069

Live Today, Cherish Yesterday, Dream Tomorrow

http://naturaljulie.etsy.com
http://julie-rants.blogspot.com
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marthajane
True Blue Farmgirl

196 Posts

Anna
Orlando FL
USA
196 Posts

Posted - Sep 29 2011 :  5:47:14 PM  Show Profile
Hello people! This is a good story, example of yes indeed MUCH ignorance. Thanks much for posting this here.
Whats up people is that the Constitutional Amendments number 14 already lays our claim to these freedoms of choice. The problem is certain people are too busy to ponder it, and others havent had the exposure yet. But what is cool is that the human spirit just KNOWS that we have that right, and dont need someone to GIVE it to us.
And for goodness sake, can we all agree that these weirdos whose job it is to understand these things, and PERCHANCE teach someone else something with their life need to have a performance eval?
Get a new job judge, you're awful at this one!
And there are alot more stories too!
OOOh, but there is promise in this discovery, the 14th amendment... and hope for our childrens generation.
NO STATE SHALL MAKE OR ENFORCE ANY LAW WHICH SHALL ABRIDGE THE PRIVILEDGES OR IMMUNITIES OF CITIZENS OF THE UNITED STATES,
NOR SHALL ANY STATE DEPRIVE ANY PERSON OF LIFE, LIBERTY, OR THE PURSUIT OF HAPPINESS WITHOUT DUE PROCESS OF LAW,
NOR DENY TO ANY PERSON WITHIN ITS JURISDICTION EQUAL PROTECTION OF THE LAWS.

ITS THE PRIVILEDGES AND IMMUNITIES THAT NEED TO BE DEFINED...LETS GO FARMGIRLS, WHAT DO YOU THINK?
I'LL START WITH ONE...THE RIGHT TO HOMESCHOOL OUR OWN CHILDREN! AND THERE ARE MANY MORE IN ADDITION TO THE OTHERS WE TALKED ABOUT HERE.
BLESS YALL

Happiness IS being a MoM
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Dusky Beauty
True Blue Farmgirl

1108 Posts

Jen
Tonopah AZ
USA
1108 Posts

Posted - Sep 29 2011 :  5:51:05 PM  Show Profile
I'd be campaigning to throw this judge out of office. How in the #$*% does this southern end of a north facing old billy goat have the gall to tell people they are not "within their rights" to eat what they want??? Does me drinking unpasteurized milk endanger the public welfare?? Not nearly as much as the population consuming alcohol freely and choosing to drive buzzed. I can't even wrap my head around this logic. It's not like an epidemic is going to break out and burden the public healthcare system. It's not like the government pays our medical like Canada.

Someone from North of the border please give me a reality check and tell me you have scary crackpot politicians defining your rights before I drop my citizenship and run.

"The greatness of a nation and it's moral progress can be judged by the way it's animals are treated." ~Gandhi
http://silvermoonfarm.blogspot.com/
"After eating an entire bull, a mountain lion felt so good he started roaring. He kept it up until a hunter came along and shot him. The moral: When you're full of bull, keep your mouth shut.” ~Will Rogers
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upnorthgirl
Farmgirl in Training

35 Posts

Sharon
St. Germain WI
USA
35 Posts

Posted - Sep 29 2011 :  5:53:14 PM  Show Profile  Send upnorthgirl a Yahoo! Message
I agree with Diane! We have had some strange dealings here in Wisconsin, and this is obviously one of them! I specifically grow my own food, so I can eat it! I have gotten milk directly from the farm (a relative's), and shop at the farmer's market for items I am unable to grow myself, or am unable to grow enough of. I am not sure what the judge was thinking.. I do understand where Audrey is coming from however, also....

Sharon
FGS #3239
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batznthebelfry
True Blue Farmgirl

1257 Posts

Michele
Athol Ma
USA
1257 Posts

Posted - Sep 29 2011 :  10:43:45 PM  Show Profile
I have a deep feeling this will being going to the higher courts real soon...I am sorry but a State, Town or County does not have the right to tell you what you can legally eat....if they did then every grocery store, Sam's wholesale ect would be government owned not privately owned by non-government people...What I find amusing in a sick way is I bet no one tells that Judge what he can eat or drink....too bad we can't send the food police to his house & take away all his booze, twinkies & other foods we deem he has no right to eat. Did you know someone who owned their own property who lived off grid had their land taken away & they were kicked off?....seems some big company wanted the land for building little communites...it was in the news a while back. So much for the land of the free....These big companies have become Nazi's & the government, States ect are letting them have their way cause they throw the bucks around....like all our little farms can possibly wipe out these companies! & its not stopping here...In Iraq an american company forced them to use only their modified seeds...gardens ect were raided, burned & seeds taken by the police...I have no idea what ever became of this but I was too shocked when I read about it...that a American company could dictate rules & enforcements in 3rd world countries even...soon we will be doing like illegal pot growers...hiding our gardens. growing them in basements with grow lights, buying seeds on the black market & so on so we are not arrested, property taken away or in court...Yes that sounds outragous but the time will come when we are forced to eat what the law says we can eat if this doesn't stop....Michele'

Chickens rule!
The Old Batz Farm
Hen #2622
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Dusky Beauty
True Blue Farmgirl

1108 Posts

Jen
Tonopah AZ
USA
1108 Posts

Posted - Sep 29 2011 :  10:52:12 PM  Show Profile
Michele; that's a legal precedent called "imminent domain"-- basically it says that if development will be "better" for the community you have to sell it to them by law. Such garbage!! It's not like the community votes on what is "richer", some upper crust businessmen politicians decide. That is one reason I like to own as far out from cities as feasibly possible to still commute.

"The greatness of a nation and it's moral progress can be judged by the way it's animals are treated." ~Gandhi
http://silvermoonfarm.blogspot.com/
"After eating an entire bull, a mountain lion felt so good he started roaring. He kept it up until a hunter came along and shot him. The moral: When you're full of bull, keep your mouth shut.” ~Will Rogers
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MEWolf
True Blue Farmgirl

358 Posts

Margaret
Byers Colorado
USA
358 Posts

Posted - Sep 30 2011 :  07:07:07 AM  Show Profile
And today is his last day on the bench...thank goodness for small favors!

http://host.madison.com/news/local/crime_and_courts/article_f25f22b3-4a89-50e3-8d32-06da1adb92f2.html

Margaret

“Kind hearts are the gardens, kind thoughts are the roots, kind words are the flowers, kind deeds are the fruits. Take care of your garden and keep out the weeds, fill it with sunshine, kind words and kind deeds.” ~Henry Wadsworth Longfellow (1808-1882)
Farmgirl #3020
www.grey-wolf-farm.com
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Dusky Beauty
True Blue Farmgirl

1108 Posts

Jen
Tonopah AZ
USA
1108 Posts

Posted - Sep 30 2011 :  2:55:58 PM  Show Profile
phew!

"The greatness of a nation and it's moral progress can be judged by the way it's animals are treated." ~Gandhi
http://silvermoonfarm.blogspot.com/
"After eating an entire bull, a mountain lion felt so good he started roaring. He kept it up until a hunter came along and shot him. The moral: When you're full of bull, keep your mouth shut.” ~Will Rogers
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Annika
True Blue Farmgirl

5602 Posts

Annika

USA
5602 Posts

Posted - Sep 30 2011 :  3:12:38 PM  Show Profile
Hooray! Hopefully he can go off happily eating his white bread and processed "cheese" sandwich into the sunset now.

Annika
Farmgirl & sister #13

Simplicity is the ultimate sophistication. ~Leonardo DaVinci
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Fiddlehead Farm
True Blue Farmgirl

4562 Posts

Diane
Waupaca WI
USA
4562 Posts

Posted - Oct 01 2011 :  05:50:10 AM  Show Profile
I just wonder what actually started this whole mess?

http://studiodiphotosite.shutterfly.com/
farmgirl sister #922

Don't go with the flow...you are the flow.

I get up every morning determined to both change the world and have one hell of a good time. Sometimes this makes planning my day difficult.
- E. B. White
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marthajane
True Blue Farmgirl

196 Posts

Anna
Orlando FL
USA
196 Posts

Posted - Oct 01 2011 :  4:58:32 PM  Show Profile
Good point above Jen, and funny too!
That is the problem there, I think you guessed it-alcohol!
No one is immune to this problem!
I know a judge in MD who has to take a breathalyzer test everyday he works, before he sits on the bench to judge others, bc he was caught driving under that influence too many times.
This is the town where I am from.
Some people have lost more than their homes and family bc of addictions, some have kind of lost their Minds!
I dont know which came first the ignorance of the Constitution or the moral decay...


Happiness IS being a MoM
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batznthebelfry
True Blue Farmgirl

1257 Posts

Michele
Athol Ma
USA
1257 Posts

Posted - Oct 02 2011 :  3:03:57 PM  Show Profile
Did you all see the newest on this Judge, he is retiring from the bench...even though he doesn't say its over that case I have a feeling he knows he overstepped & is in so much hot water over it he decided to willingly walk away...I know this is not going to end here I bet it shows up again but with the state judges having to research what he did & said.....I wish I could say he did it out of ignorance but I think he did it cause he thought he could.....his ego got the best of him & I can't wait to see all the fall out over this....In 52 yrs of life I have seen people so hyped up on their power they do extremely cruel things...this is just one of those I can say is usually cruel....Some people should never be given any form of power, he is definitely one of them.....Plus from the way he talked & was recorded I would say he can't control his temper either....Michele'

Chickens rule!
The Old Batz Farm
Hen #2622
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goneriding
True Blue Farmgirl

1599 Posts

Winona
Central Oregon
USA
1599 Posts

Posted - Oct 09 2011 :  11:34:00 AM  Show Profile
*This may get me deleted. If someone mentioned this, sorry, I missed it. I'm on my phone*

Hubby and I were talking about this WI ban and it struck me how destructive agenda's are. We can't put certain foods in our bodies but it's legal to kill a preborn baby under the pretext of 'it's my body'.

*I'm not sorry about this post. This bothers me no end.*

quote:
Originally posted by Annika

Wow! I just read this and wonder what others of you think??? I think we need to take the choice with what we eat or farm or grow away from the Big Ag folk! This is a scary precedent and it won't be the last if we don't nip it in the bud. This is meant to cripple small family farms and destroy or ability to choose what to eat or not eat. Please read it. I posted the link if any of you want to read more on the NoNAIS site.



http://www.nonais.org/2011/09/27/wi-no-right-to-produce-or-eat-food/

September 27, 2011
WI: No Right to Produce or Eat Food
Alert - National, Action Item — walterj 9:29 am

In scary legal news a Wisconsin judge had gone completely loopy declaring that citizens have no right to produce or eat the foods of their own choice.

In response to a request from the Farm-to-Consumer Legal Defense Fund, the judge issued a clarification of his decision last week regarding his assessment of the constitutionality of food rights. The judge expanded on his original statement that such constitutional issues are “wholly without merit.”

He explained that the FTCLDF arguments were “extremely underdeveloped.” As an example, he said the plaintiffs’ use of the Roe v Wade abortion rights case as a precedent does “not explain why a woman’s right to have an abortion translates to a right to consume unpasteurized milk…This court is unwilling to declare that there is a fundamental right to consume the food of one’s choice without first being presented with significantly more developed arguments on both sides of the issue.” Gee, I thought they both had to do with the right to decide what to do with your own body.

As if to show how pissed he was at being questioned, he said his decision translates further that “no, Plaintiffs to not have a fundamental right to own and use a dairy cow or a dairy herd;

“no, Plaintiffs do not have a fundamental right to consume the milk from their own cow;”

And in a kind of exclamation point, he added this to his list of no-nos: “no, Plaintiffs do not have a fundamental right to produce and consume the foods of their choice…”

You have to wonder if maybe even the regulators are getting a tad uncomfortable with the rulings coming from the nation’s judiciary on food rights. Many of these individuals, biased as they are against raw milk, dabble in farming to some extent, or grew up on farms. This judge has gone way beyond what many of them have come to assume–that everyone has the right to own a cow and consume its milk Even in places that ban raw milk sales, there’s nearly always a provision in state law that anyone who owns a cow has the right to consume its milk.

It seems Judge Fiedler is saying it’s not a “fundamental right,” but rather a right granted us by the state.
-The Complete Patient

The original judgement can be seen here. To quote from the main points:

1) no, Plaintiffs do not have a fundamental right to own and use a dairy cow or a dairy herd;

2) no, Plaintiffs do not have a fundamental right to consume the milk from their own cow;

3) no, Plaintiffs do not have a fundamental right to board their cow at the farm of a farmer;

4) no, the Zinniker Plaintiffs’ private contract does not fall outside the scope of the State’s police power;

5) no, Plaintiffs do not have a fundamental right to produce and consume foods of their choice;

In other words: Put down that carrot and backup slowly. Anything you eat or grow can and will be held against you in a court of law. You have now entered the police state of 1984. Shut up.

Why is this happening?
Simple, Big Ag is scared that small producers are going to take away a little bit of the market share. They are using their lobbyist and regulatory minions to put the squeeze on small family farms that have found a niche outside the mainstream in order to scare consumers back into buying at the big teats. When that doesn’t work they resort to government raids and insane judicial judgments against the small producers because Big Ag isn’t able to compete on a level playing field even with the help of all the subsidies they get.

What can you do?
Make a stink. Publicize these issues. Write about them on your blogs, web comments, to your representatives and in letters to the newspapers (you know, the crinkly things you fold that has the black ink - still a great tool of free speech as there are plenty of independents left.)

Support your local small farmers. Fight back with your pocket book. Hurt Big Ag where they feel the pain, in their wallets. Spend your dollars locally and as directly as you can to small stores and small family farms so that money flows back into your local economy.

Write your state senators and representatives and ask them to put forth a constitutional amendment that guarantees all people the fundamental right to hunt, grow, produce, own and consume their own food of all forms (animal, vegetable, fruit, cereals, nuts, fungi, etc).Support your local small farmers. Fight back with your pocket book. Hurt Big Ag where they feel the pain, in their wallets. Spend your dollars locally and as directly as you can to small stores, restaurants and family farms so that money flows back into your local economy.

Contact your state senators and representatives and ask them to put forth a constitutional amendment that guarantees all people the fundamental right to hunt, grow, produce, own and consume their own food of all forms (animal, vegetable, fruit, cereals, nuts, fungi, etc).



Annika
Farmgirl & sister #13

Simplicity is the ultimate sophistication. ~Leonardo DaVinci




For some 'venting'-type of entertainment, please read my blog, http://lostadventuresintrucking.blogspot.com . Now with pictures!!






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