October 8, 2011

Judge rules farmer has no fundamental right to drink milk from own cow

Rural Blog - A Wisconsin judge has ruled that a family with a cow does not have "a fundamental right" to drink its milk. Circuit Judge Patrick Fielder in August ruled that Mark and Petra Zinniker could not sell raw milk through their private farm store. With the help of the Farm-to-Consumer Legal Defense Fund, they asked for a clarification notice, which "contains a strongly-worded denial of fundamental food and farming rights,"Rebekah Wilce of The Center for Media and Democracy's PR Watch reports.

In his decision, Fielder wrote: "Plaintiffs do not have a fundamental right to own and use a dairy cow or a dairy herd; Plaintiffs do not have a fundamental right to consume the milk from their own cow; Plaintiffs do not have a fundamental right to board their cow at the farm of a farmer. . . . Plaintiffs do not have a fundamental right to produce and consume the foods of their choice."

1 comment:

Anonymous said...

This inspired me to reread the Bill of Rights. Clearly this judge has never done so. The Ninth and Tenth Amendments make it very clear (and according to James Madison who created them were intended to make it very clear) that rights which are not enumerated in the Constitution do exist and are retained by the states and the people.

Of course, these aren't the only elements of the Bill of Rights that no longer exist in practice. In fact I would be hard put to assert that any of the first ten amendments are being upheld by the courts these days. (Just consider the meaning of the phrase "Congress shall pass no laws..." in the First Amendment. That one probably started being ignored before the ink was dry.)

I urge everyone reading this to carefully reread the Bill of Rights and think about how far away from them we have moved in the last 232 years.