Minnesota farmer Michael Hartmann has a very loyal following of customers. Many of them attended the two-week trial last summer in which he sued the Minnesota agriculture officials. He challenged the state over the embargo of his food products in the aftermath of eight illnesses from E.coli 0157:H7 associated with his farm (and eventually lost the case).

A number rushed to his brother’s assistance when the Minnesota Department of Agriculture confiscated raw milk he was delivering last December.

A goat coming to a college philosophy class? See below. Now, the call has gone out for support of a different kind. The Minnesota Natural Health Legal Reform Project
asked Hartmann supporters to attend a court hearing today in connection with the case in which the family of a child who allegedly become ill from Hartmann Dairy milk is seeking financial damages.

The plaintiff in the case is Matthew Caldwell, father of Owen Caldwell, who was hospitalized in May 2010 from the effects of E.coli 0157:H7. The case was filed last January. In recent weeks, there have been efforts at mediation, which apparently haven’t succeeded. So the Caldwell lawyer asked a judge to rule in the family’s favor, in advance of a jury trial, scheduled for next Oct. 31. I haven’t seen the actual complaint, so I don’t know the exact financial damages being sought.

However, the Minnesota Natural Health Legal Reform Project’s Food Freedom Project encouraged Hartmann supporters to attend today’s hearing, hoping to back Hartmann’s desire for a jury trial. “A ‘trial by jury’ would give our farmers the opportunity to present their side of the case more completely in the alleged illness of a child last year, theoretically, as a result of consuming raw dairy foods from our farmers. However, a Summary Judgment would have the end result that the court would simply determine how much money our farmers would have to pay.

“You are encouraged, and yes, even urged, to support our farmers by attending this hearing. Even though we would be a silent group of supporters, the impact made on the court by sheer numbers present can be the pivotal point.”

Okay, as much as I have supported protests and courts actions in favor of food rights, I have to say this particular call for support makes me uncomfortable. It seems somehow the parties to the suit should be able to play it out as a judicial matter, outside the realm of politics.

Moreover, I have doubts about political support groups playing lawyer in product liability cases of this sort. My sense of these cases is that the defendants generally want to avoid jury trials, since juries tend to sympathize with children who are believed to have been injured, and often decide on large awards. And that seems a distinct possibility in a case like this, where the state has already clearly connected the pathogen that sickened some raw milk consumers to the Hartmann farm…and where the child and family are represented by a veteran lawyer who has more than 90 jury trials under his belt.

I appreciate that many Minnesota raw milk consumers are very upset about the way the state has treated its farmer producers of raw milk and other nutrient-dense food. I’ve written a good deal about the Minnesota Department of Agriculture’s out-of-control actions against farmers, distributors, and consumers. I’m just not certain that the Hartmann supporters’ energies are as well directed as they might be in this particular action.

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As for well targeted food rights actions, I am happy to report on two in the case of the San Jose goat dairy hit with a cease-and-desist order by the Santa Clara County District Attorney office in May. Jane Hulme, an owner, says she and her husband have filed legal action against the CDFA and the San Jose District Attorney, Jeffery Rosen, in San Jose court.

She also passes on a call to action in the form of a letter from a philosophy professor at San Jose State University. The associate professor, Karin Brown, sent a letter to Rosen, the Santa Clara County district attorney, which stated in part:

“I am going to assign my students a paper on this case. If possible, I will invite Jane and Mike Hulme to make a presentation in my classes and tell my students their history. Further, if it is possible, I will have them bring one of their goats since this migfht be one of the last chances to see such a beautiful health goat.

“This case is a horror story for anyone who believes in democracy, civil rights, free market, or any kind of social justice. This is a case of financial tyranny and not democracy. Beyond the political analysis here, personally I find your actions both callous and even malicious.

“If you decide to drop this case, and every single ethical and political principle I can think of indicates you should, I’ll still teach this class, but this time with a happy ending in which the DA stood up for democracy, civil rights and small businesses.

“Lastly, unlike you who held all the meetings in closed chambers, my class is open to you and your deputy and associates. You are welcome to attend the class I will teach about you.”

How’s that for creative use of the education process?

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A new ad campaign on behalf of California conventional milk didn’t last very long. The supposedly humorous campaign was targeted at men, suggesting milk helps relieve PMS in women. There was enough of an outcry that the ad was pulled after only two weeks…Maybe some day the public outrage over regulator abuse of raw dairy farmers will become strong enough that it will lead to an end of that particular campaign as well.