no basic property right in Wisconsin

so sayeth another black robed tyrant.

http://foodfreedom.wordpress.com/20...ules-no-right-to-own-a-cow-or-drink-its-milk/


In a decision denying basic property rights and even exceeding the FDA’s contempt for the rights of private contract and food freedom of choice, Dane County Circuit Court Judge Patrick J. Fiedler has issued an order holding that owners of cows do not have a fundamental right to consume milk from their own cow.

In his opinion the Judge rejected out of hand the Zinniker plaintiffs’ argument that they had a fundamental right to possess, use and enjoy their property (including “a fundamental right to own a cow, and to use their cows in a manner that does not cause harm a third party”); he stated this claim was “wholly without merit.”

Wanting to get more specific reasons for the judge’s dismissal of their rights, the Zinniker plaintiffs filed a Motion for Clarification with the court.

On September 9, Judge Fiedler issued his decision on the motion, stating that the court’s August 12 denial of plaintiffs’ motion for judgment meant the following:

(1) Plaintiffs do not have a fundamental right to own and use a dairy cow or a dairy herd;

(2) Plaintiffs do not have a fundamental right to consume the milk from their own cow;

(3) Plaintiffs do not have a fundamental right to board their cow at the farm of a farmer;

(4) The Zinniker Plaintiffs’ private contract does not fall outside the scope of the States’ police power;

(5) Plaintiffs do not have a fundamental right to produce and consume the foods of their choice;

(6) DATCP [Wisconsin Department of Agriculture, Trade and Consumer Protection] . . . had jurisdiction to regulate the Zinniker Plaintiffs’ conduct.


With this sweeping denial of basic rights, the judge refused to recognize any distinction between public and private activity; moreover, he was holding that the government had the power to regulate people’s efforts to grow and raise their own food.
 
Isn't this primarily a health/licensing issue?

The distribution of unpasteurized milk for human consumption is prohibited in many jurisdictions.

Wisconsin law states that, "no person may sell or distribute any milk or fluid milk products which are not Grade A milk or Grade A milk products to consumers, or to any restaurant, institution or retailer for consumption or resale to consumers. Grade A milk and Grade A milk products shall be effectively pasteurized.. "The law does provide an exception to the ban on raw milk consumption for "incidental sales of milk directly to consumers at the dairy farm where the milk is produced.

http://www.realmilk.com/happening.html


Raw milk can carry harmful bacteria and other germs that can make you very sick or kill you. While it is possible to get foodborne illnesses from many different foods, raw milk is one of the riskiest of all.


http://www.cdc.gov/Features/RawMilk/index.html
 
irrelevant.

(2) Plaintiffs do not have a fundamental right to consume the milk from their own cow;

this judge is now saying that you have no right to use your own property in the manner you see fit. it has zero to do with the law about distributing or selling to others.
 
read and my position still stands. this judge is saying that there is no right to consume the milk that comes from their privately owned cow. how is that any different than what i bolded above?
 
Wisconsin law states that, "no person may sell or distribute any milk or fluid milk products which are not Grade A milk or Grade A milk products to consumers, or to any restaurant, institution or retailer for consumption or resale to consumers. Grade A milk and Grade A milk products shall be effectively pasteurized.. "

The law does provide an exception to the ban on raw milk consumption for "incidental sales of milk directly to consumers at the dairy farm where the milk is produced".

http://www.realmilk.com/happening.html


I wonder why these people didn't make use of the exception. Were they trying to bring a case to get publicity for their "movement"?

In any case, I would not drink raw milk, so maybe I don't get the big deal.
 
seems more like a licensing/health issue. i can sell my car, but if i sell dozens of cars on a lot under as a business, i need a business license.
 
SmarterThanFew can chug all the bacteria-laden raw milk he wants. I don't care.
 
people wonder why our country is going to hell in a handbasket. It's because of people like apple and legion, who could care less about abuse of rights of people as long as it isn't them personally.
 
did you read the same decision? please show where this judge said otherwise.


I read the underlying decision and it made it explicitly clear that individuals have a right to consume raw milk from their privately owned cow. These plaintiffs don't have that right because of the way they structured their business operation.
 
I read the underlying decision and it made it explicitly clear that individuals have a right to consume raw milk from their privately owned cow. These plaintiffs don't have that right because of the way they structured their business operation.

underlying decision? is that code word for the judges true meaning of words? like what the definition of 'is' is? and how does a business operating structure determine what a personal right is? dude, you're all over the map with this.

does a person have a right to drink raw milk from their own cow? yes or no?
 
underlying decision? is that code word for the judges true meaning of words? like what the definition of 'is' is? and how does a business operating structure determine what a personal right is? dude, you're all over the map with this.

There was a decision. The plaintiffs requested clarification. There was a second decision on the motion for clarification. The only decision you looked at is on the motion for clarification. Go find the decision on the motion for summary judgment and you will see what I'm talking about.

does a person have a right to drink raw milk from their own cow? yes or no?

Yes.
 
There was a decision. The plaintiffs requested clarification. There was a second decision on the motion for clarification. The only decision you looked at is on the motion for clarification. Go find the decision on the motion for summary judgment and you will see what I'm talking about.
if the judge further clarifies his order, including this would also be clarification, correct?
(2) Plaintiffs do not have a fundamental right to consume the milk from their own cow;

so in light of his futher clarification, how does one not understand that this judge says you have no right to consume milk from your own cow?
 
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