CA Judge Extends TRO on AB1735 Until May 16, Pending Further Testimony
Today was supposed to be the day a California superior court judge decided heard arguments on whether to turn a temporary restraining order barring implementation of AB1735's coliform standard into a more extended preliminary injunction.
After more than four hours of arguments and testimony, the proceedings weren't anywhere near completion, so the judge, Harry Tobias, extended the temporary restraining order he ordered last month for another three weeks, until May 16, when the parties will meet again at a courtroom in Hollister. "We're kind of like at half time," Gary Cox, the Farm-to-Consumer Legal Defense Fund attorney representing plaintiffs Organic Pastures Dairy Co. and Claravale Farm told me after the session.
During today's session, Gary and the lawyer representing the California Department of Food and Agriculture argued over procedural matters--primarily whether witnesses should be allowed to testify. In the end, the judge allowed two plaintiff witnesses--Ted Beals, a pathologist, and Ron Hull, a microbiologist--to testify.
As they had at the California Senate hearing on raw milk last week, the two experts testified about the role of bacteria in both triggering and protecting against illness, and how different bacteria play different roles in the human body. They cited research about the importance of probiotics in strengthening immunity.
At the May 16 hearing, the state will be allowed to cross-examine Ted and Ron. It will also be allowed to present its own witnesses. As usual, these matters take longer than expected. The good news, in addition to the extension of the TRO, is that the judge is getting to hear lots of research about the science behind both raw milk and pasteurized milk. That can only help, right?
Reader Comments (4)
Prior to today’s hearing, I was beginning to think that maybe they just really believe everything they’ve been saying about coliform and feces in the milk and blah blah blah and that they really didn’t intend to shut us down. You might say I was having a momentary lapse in judgment. But then Anita Ruud, counsel for the defense, threw this monkeywrench at the end saying that it was unconstitutional for the Judge to make a decision for a restraining order and that it would have to happen in a different court and that in the meantime they would go on enforcing AB1735. She had buried this little tidbit at the end of her brief and didn’t bring it up until the last minute. Gary Cox basically said it was bogus and that she was not interpreting the statute correctly. The Judge bravely held to extending the temporary restraining order until it could be further figured out on May 16th. Thank you Judge Tobias. We think you’re awesome too.
Would legitimization of raw milk hurt mega milk producers through competition? Would insightful, holistic standards for dairy end up identifying flaws with pasteurized milk or processed foods in general?