cavalry-charge-remington-sm2.jpgBarbara and Steve Smith had bad news and good news on the legal front in their suit against officials of New York’s Department of Agriculture and Markets yesterday.

 

The bad news was that their lawyers were rejected in their effort to obtain a temporary restraining order, which would have had the effect of immediately ending the ongoing harassment at the Meadowsweet Farm in Lodi.

 

The good news was that the judge who heard the request scheduled a hearing Jan. 22 to decide on whether to issue a temporary injunction.

 

According to Gary Cox, the lawyer for the Smiths and the limited liability company that owns the dairy’s cows, the state judge needed to be convinced their case had a “substantial” likelihood of success on the merits before issuing a temporary restraining order.

 

In my experience covering legal matters, temporary restraining orders also depend on the judge’s perception that state actions, like the ongoing inspections of Meadowsweet Farm, are so abusive or constiutionally questionable that they need to be halted immediately.

 

According to Gary, if on Jan. 22 “the court grants the preliminary injunction, then that will mean that NY Ag and Mkts will be prohibited from conducting inspections, issuing administrative actions, conducting searches, or taking any other type of civil, criminal or administrative enforcement actions against either the LLC or against the Smiths.  If the preliminary injunction is issued, it will remain in full force and effect until the parties go to trial on the Smiths’ complaint for declaratory judgment. Then at the trial, we will either win or lose.  If we win, then the preliminary injunction becomes a permanent injunction.”

 

Once again, in my experience, simply getting a hearing on a preliminary injunction is positive news. It suggests the judge sees potential merit in the case—otherwise, everything would have been rejected until the case came to trial. It also moves things along much faster than otherwise.

 

According to Gary, “The hearing in January will probably be an oral argument without evidence or witnesses.”

 

It will be interesting as well to at long last hear the state’s side of the story, which it hasn’t been willing to share so far. I’ll go out on a limb here and predict we’ll hear a lot from the state about "protecting the public."

 

On a related issue, I’d like to respond to Lacedo’s question on my previous post as to whether I was suggesting the bureaucrats and politicians are conspiring to serve agribusiness by going after small farms like Meadowsweet. Not that I don’t think that happens, but I was only referring to the fact that the bureaucrats in effect work for the politicians. The NY Department of Agriculture and Markets is part of the executive branch of government, and thus effectively under the control of the governor. But it’s the legislators who approve the budgets that pay the bureaucrats their salaries. If farmers and consumers get pissed off at the ag inspectors and raise enough of a ruckus, eventually the governor and legislators will hear about it, and begin asking the bureaucrats how it is they’ve alienated the public so badly. Bureaucrats definitely don’t like getting those kinds of questions, since sometimes in the aftermath, heads roll and budgets get cut.