- Deer Tick DangersPosted 1 day ago
- IRS Questioned Over Targeting ScandalPosted 2 days ago
- Midwest Gas Price SpikePosted 2 days ago
- FOX CountryPosted 3 days ago
- Life Expectancy RisesPosted 3 days ago
- David Beckham To Retire From SoccerPosted 3 days ago
- FOX in the Fast Lane: All-Star Race (Charlotte)Posted 3 days ago
Judge: Americans Don’t Have Right to Drink Cow Milk
A Wisconsin judge has ruled that Americans do not have a fundamental right to drink milk from their own cow, nor do they have a fundamental right to produce and consume the foods of their choice.
Circuit Court Judge Patrick Fiedler took that position in a case involving a group of families who boarded their cows on a single farm. He said that, in effect, the farm had become a dairy farm and was therefore subject to state rules governing dairy farms.
“It is clear from their motion to clarify that the plaintiffs still fail to recognize that they are not merely attempting to enforce their ‘right’ to own a cow and board it at a farm,” Judge Fiedler wrote in his decision. “Instead, plaintiffs operate a dairy farm.”
The families had filed suit against the Wisconsin Dept. of Agriculture, Trade and Consumer Protection alleging their Constitutional rights had been violated, a story first reported by World Net Daily.
However, the judge ruled that the plaintiffs do not have any Constitutional rights to own a dairy cow, consume milk from their own cow, board a cow at the farm of another farmer, or produce and consume the foods of their choice.
“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,” the judge wrote.
Steve Ingam, the administrator of Dept. of Agriculture’s division of food safety, said the case is about public safety – because the milk in question is unpasteurized.
“We have a law that prohibits the sale and distribution of unpasteurized milk,” he said. “These farmers have tried to set up a way to get around the law and create a way that they think they own the cow and are consuming the cow’s milk legally.”
But the farmers disagree – and maintain their rights have been violated.
“It’s a case of fundamental rights,” said Elizabeth Gamsky Rich, an attorney representing the group of farmers. “The plaintiffs are maintaining they have a right to own a cow; they have a right to consume the milk from that cow and that these are fundamental Constitutional rights.”
Rich told Fox News Radio they will appeal the judge’s ruling.
“The state of Wisconsin has said, ‘We regulate dairy heavily in this state. We have a statute and that statute governs everyone who owns a dairy farm – and if you own a cow or a sheep or a goat you have a dairy farm under this statute,’” she said.
She said the idea that an American cannot produce or consume foods of their own choosing has generated outrage across the world.
“The Constitution trumps the statutes,” she said. “We have a fundamental right to own a cow. We have a fundamental right to consume the milk from our cow. We have a fundamental right to board that cow at somebody else’s farm pursuant to a private contract that should be free from government interference.”
Ingam scoffed at the interpretation of the judge’s ruling – saying it doesn’t mean the government can regulate whether you buy corn chips at the supermarket. Instead, he said it was a bit of legal hyperbole.
“He wasn’t really ruling on that argument,” he said. “He was ruling originally on whether we had properly interpreted the laws and regulations in Wisconsin.”
Rich said that should her plaintiffs milk their cows and drink the milk, they would be in violation of the court order and could be prosecuted.
But the judge was not convinced. He said if the farmers want to continue to operate their dairy farm, they must do so in a way that “complies with the laws of Wisconsin.”
infoseeker904
October 6, 2011 at 11:05 pm
I owned a restaurant and bar. We opened a second location but didn't have our alcohol license yet. I asked the county if I could give away beer and the answer was no. I was told I could not even consume a beer from the bar myself because it was considered "distribution" even though I owned the bar. It's the way the law is written and whether you like it or not, it was written that way to prevent people from giving alcohol away from unlicensed bars. One way people tried to get around the law was by becoming "owner members" of a club which would circumvent the law by making anyone who paid a fee an owner. This is the same concept in this story. Unpasteurized milk poses a health risk. Thats why the law is there to begin with – to prevent sickness and disease. What these folks are doing is creating an unlicensed dairy facility for the purpose of distributing an unpasteurized product – even though they are the owners of the cows, it's still a form of distribution. And distribution/consumption of unpasteurized milk is a violation of the law in Wisconsin.
Eric
October 6, 2011 at 11:05 pm
Government gone mad. It's one thing to regulate a commercial dairy farm, but subsistence farmers should not be regulated.
I keep hearing people refer to the U.S. as a "free country." How are we "free"? Compared to what?
infoseeker904
October 6, 2011 at 11:05 pm
This story is written to get us all hyped up about "property rights" and the "right to eat the food we want" but what you're missing is that its a bunch of anarchists are trying to avoid a government regulation designed to protect them. The judge simply stated in legal language that "the right to eat" wasn't something he was prepared to rule on. It was even something that should have been brought up because it wasn't the core issue. If you want to get up in arms, do that about sensationlist reporting that takes mundane stories and hypes them into something they aren't. This story isn't at all about "statist interference." It's about people who choose to break a law written to protect their lives. Would a person caught speeding claim that the judge is interfering with his right to drive the car of his choice? No. He is enforcing the law designed to protect him from crashing the car of his choice and killing hiself or someone else. This is just a stupid, twisted, sensationlist story that belongs on the Daily Report.
gkc
October 6, 2011 at 11:06 pm
40 years ago we drank unpasturized milk and never got sick from it because it was treated with iodine to kill off any bacteria that might be in the milk, it was the best tasting milk ever , and im tired of drinking YOUR MILK ON DRUGS its starting to taste extra foul
hillfroy
October 6, 2011 at 11:15 pm
Doesn't this judge have more pressing issues that need taken care of? Maybe his job isn't really needed if that is the case.
truth seeker
October 6, 2011 at 11:23 pm
We'll always have these types of judges so long as there are people out there who want a hand out and for government to take care of their every need…including thinking for themselves.
4mother
October 6, 2011 at 11:23 pm
I feel bad for those living in Wisconsin….jeeze, I thought NY state was bad….but they day that i'm taken to court because of what me and my family eat and drink……dang….get rid of ALL the gov. agencies….EPA…..DEC……FDA……HUD…..FEMA…..and whoever i left out…..LEAVE US ALONE
ronald henley
October 6, 2011 at 11:29 pm
when are we going to arrest michelle abombo i hear she has her own garden, obambo should go with her as an assery.
Laverl
October 6, 2011 at 11:32 pm
Glenn Beck wornede of these times and they are going to get worse before they get better. Stock up on your food before you can't get any to feed your family. can–can–can–all you can.
Harry Kuheim
October 6, 2011 at 11:35 pm
But of course Gays have a fundamental right to marry and fornicate don't they Judge?
Ron13
October 6, 2011 at 11:36 pm
This judge is still alive????
guest
October 7, 2011 at 2:47 am
Yep, and so is the prez and the congress.
Steven
October 6, 2011 at 11:45 pm
I would think one does not have a fundamental right to own a cow any more than one has a fundamental right to own a cannabis plant, a batch of anthrax spores or an explosive compound.
mam
October 6, 2011 at 11:54 pm
AMERICA!!! The LAND of the FREE!!!
The Judges the Government being free telling others what to do. Those that put meat and potatoes and other food on their tables etc. Where does it come from? hmm!
polo219
October 7, 2011 at 12:00 am
where was this liberal right wing judge come from…..hell I eat what I want…grow what I want and when I get the chance to drink real fresh milk from the milk house on a friends farm if I want…..and he can kiss my *** if he wants!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
ToddParish
October 7, 2011 at 12:00 am
It is time to take down our overbearing government and make it again a government of the people for the people.
hanna
October 7, 2011 at 12:06 am
How much did Monsato pay this tard to come up with this ruling?
MysticRhythm
October 7, 2011 at 12:10 am
Here's the thing: if someone wants to consume raw milk that's all good, but are you Constitutionalists prepared to shoulder the costs of spinal meningitis and other bacterial disease that can occur through raw milk consumption? It's very easy to claim that one's Constitutional rights are violated (and I would agree) but these people need to be responsible for the consequences of their choice and there needs to be a framework for ensuring their responsibility. Constitutional rights are wonderful as long as they go hand-in-hand with responsibilities. Until then, I have a problem being forced through higher rates to cover the possible costs of someone else's risky (yet Constitutional) dietary choice. BTW this goes for every dietary and health choice, from fatty foods to not vaccinating children.
Liberty
October 7, 2011 at 12:15 am
I've had enough with our government nannies! And they allow those liberal do gooders to tell us what to do? No more!!! Our constitution and our bill of rights trump all of their garbage rulings. Time to put an end to this! Not tomorrow or the next day. The time is now!
Joe Mateix
October 7, 2011 at 12:40 am
"We regulate dairy heavily in this state"
Translation: We have this market cornered.
America, Land of the free as long as it's something the government says you can do.
rhondasm
October 7, 2011 at 1:16 am
We had a milk cow growing up, and we pasteurized our own milk. Apparently in Wisconsin, they are unaware that this process can be done with a large kettle, a normal kitchen stove, and a meat thermometer.
joel
October 7, 2011 at 1:45 am
you can not eat air drink your own food ? .. but you can come to this country illegally and demand free education, medical, and social security jobs and equality < the list goes on > and pretty much get it but you can not eat air drink your own food ? … something has gone very wrong with this county
Lynne
October 7, 2011 at 2:32 am
The "food modernization" law that was crammed through the lame duck session last fall basically turned all food, plant and animal, into federally controlled substances – think marijuana. Many felt that this bill was *the* most dangerous bill in our nation's history but no one seemed to notice it. It was voted through UNANIMOUSLY in the senate.
Lynne
October 7, 2011 at 2:33 am
The feds are raiding all over the nation. If we allow this law to stand, we are indeed losing our rights to choose our own foods – even your gardens. The USDA is again pushing the mandatory national animal ID scheme which is part of this. Wisconsin is one of the few states that managed to get a state law passed IMPLEMENTING the animal ID before word got out about it nationwide and caused an uprising. This is one of the reasons that Wisconsin is being picked on with cases like this one. The FDA has already stated at least twice in the last year and a half that no, Americans do NOT have an inherent right to choose our own food. The "alphabet agencies" are running amuck and a shadow government is being run through them that is circumventing our elected representatives. We need to demand that these agencies (which their constitutionality is very questionable) be DEFUNDED immediately. This is something that our legislators CAN do to stop them. Act now – or it's going to be too late and this judge will remain on his bench and his judgement will stand. Tell your legislators that these agencies have gone too far and We the People demand they be taken down.
montylc2001
October 7, 2011 at 2:40 am
Growing up in northern Arkansas we had a two acre little home. Every year half an acre was a vegetable garden. One full acre was for the steer we fed and slaughtered every year. the other half acre had the house and dads TV shop. My job outside of lawn work and helping dad with the shop and other duties was to till the garden each season. damn hard work but the veggies were good.
ditchdigger
October 7, 2011 at 2:41 am
Some judge can dictate what people eat off their own property? Trade with their neighbors, like the last 6000 yrs?
noway
October 7, 2011 at 3:08 am
"We regulate dairy heavily in this state" As in milk? Better start slapping those fines on human milk as well and any mother who breast feeds without a dairy license. LMAO!
Feedup
October 7, 2011 at 3:54 am
We use to have the right to eat sleep die and pay taxs now you have the right to die and pay taxs everything else is against the LAW
Todd Zelukiewicz
October 7, 2011 at 4:41 am
Well, this is a new one… Sory you cant eat or drink that, you need to buy milk from the company I own stock in!!! Go away big government..
for_the_plp
October 7, 2011 at 8:26 am
This is sick who thinks they have the power to be god in oder to say what a american can or cannot eat and drink to adults sounds like wisconsin is well on it way to becomeing more like china .
for_the_plp
October 7, 2011 at 8:36 am
This is suppose to be the america that was once great we the plp want our freedom
for_the_plp
October 7, 2011 at 8:55 am
America is suppose to be land of the free
Carrie
October 7, 2011 at 10:44 am
This ruling will be abhorrent to every American who hears about it. Let's do our part and pass it along to everyone you know. And let's write to that judge and get him a piece of our minds! This is absolutely an outrageous violation of our rights. What we put into our bodies should be of NO concern to anyone but us. It's an individual choice, and that should be the end of it. What on earth is the harm except to a politician's wallet? And I agree, they are not selling it, so using that as a reason for prosecution is a moot point.
Matt Cadman
October 7, 2011 at 12:40 pm
Last time I checked, babies consume their mother's unpasteurized milk…will US judges try to take away that right some day?
brian
October 7, 2011 at 1:07 pm
The Judge is right. Go to law school so you can understand what this case and ruling are about.
Michele Francis Brown
October 7, 2011 at 3:46 pm
The lastest "RAW MILK" controversy involves the government telling farmers what they can eat and drink. This case actually states that this farmer CAN NOT drink milk from their own cows. I thought we lived in the USA??? Interesting read….
Concerned Citizen
October 7, 2011 at 8:44 pm
Oh No!! My Baby has consumed unpasteurized breast milk. Is my wife in trouble?
Rastus McGee
October 9, 2011 at 11:18 am
Every one has missed the point here !! We already have the rights, the Feds or any govmt in the US doesn't "give " us the right to do anything. Rights are not theirs to give or take away, we already have them….Time to hit the " reset button" !
malati
October 11, 2011 at 8:14 pm
Clearly, the powers that be have concluded that the greatest wealth is the land and the cows .. If a family owns some land and has a cow, he has all the necessities of life to care for his family .
There is a violation of universal law when we kill a cow as cows are sacred and are never to be killed Actually, that is the underlying reason that we have so much violence in our society We kill those very beings that give us so much benefit, cause no harm, and all their bi-products are good for every creature on this planet.
Milk, heated goes right to the brain and nourishes subtle brain sells that help us progress in our spiritual life. Milk is good for us…good for the body and good for the soul
That judge has lost his sense of right and wrong and clearly he is under the influence of a demoniac society
malati
October 11, 2011 at 8:32 pm
Clearly, the powers that be have concluded that the greatest wealth is the land and the cows .. If a family owns some land and has a cow, he has all the necessities of life to care for his family .
joetheres
October 21, 2011 at 6:28 pm
This judge has now resigned and is now an attorney of the Axley Brynelson law firm which defends Monsanto against numerous criminal complaints from across the globe . Interesting.
My 2 Cents
October 23, 2011 at 12:36 am
They have machines in Slovenia that dispense raw milk in the villages! What a wonder the Slovenian people are not dropping like flies! (They're not, by the way.) Nor are Americans that consume raw milk. We've drunk raw milk in Germany for the past year (and done other things with it, such as make homemade yogurt). Lo and behold, we are still alive! And have never had any issues with sickness. (We very rarely get sick, even with colds or flu.) And as another reader said, "How in the world did our forefathers survive without the gov't telling them what they could & couldn't consume??" No law was broken. This would be laughable if it weren't such a corrupt infringement upon the rights of American citizens. "Life, LIBERTY, and the pursuit of happiness??" The gov't really needs to step back in line. These people were hired to be public SERVANTS, not dictators.
ztreedad
November 24, 2011 at 5:18 pm
someone should investigate this judge, because it seems to me he's violating some laws too. He is OBVIOUSLY on some potent CRACK!!! Can't wait to hear this decision be smacked down by higher court!!!
Bandony
April 14, 2013 at 6:30 pm
Using this logic, I suppose if you own a horse and board it on a farm, this would then be a race track? Besides the owner drinking the milk from their own cow, they would have cream for various uses, and could make their own butter.
wally
April 14, 2013 at 7:48 pm
I dank raw milk as a child ….still here…just more control freaks
Tiadia
April 15, 2013 at 7:11 am
Of coarse my comment has been deleted freedom of speech administrator!!
Tiadia
April 15, 2013 at 7:16 am
The administrator on here is violating one of our rights !! Go suck one administrator!! FREEDOM OF SPEECH!!!!!
debbie
April 15, 2013 at 10:30 am
How much of dummys can they be … this is for personal use as long as they get a vet to tested for illness then one time a year a check up IF cow is use for family Not the other people .The judge have no right to stop it .AFTER all look ay all the food recalls better they work on that …
Mark
April 15, 2013 at 11:44 pm
Live in WI….Milking sdveral hundred head every day and have been drinking whole mike fof 55 years since I was a few months old…Only way to drink it…Fresh, Cold and unpasteurized. ?.
Rhonda
April 28, 2013 at 4:05 pm
He needs to be thrown in jail for about 30 years for his way of thinking SHAME ON YOU!!!