Iowa Secretary of Agriculture Bill Northey, the target of a suit by the Farm-to-Consumer Legal Defense Fund, on behalf of Iowa cow-share owners. Can the Farm-to-Consumer Legal Defense Fund find a judge in this country willing to take a strong stand endorsing the right of individuals to organize privately to obtain raw milk? After a sixteen-year battle, raw dairyman Michael Schmidt found a judge who last month took a strong stand in his favor, dismissing 19 counts of violating Ontario’s dairy laws.

But in this country, the FTCLDF has failed thus far in New York with Meadowsweet Dairy, both in arguments before New York’s Department of Agriculture and Markets and before a state judge; the case is now awaiting a verdict from state appeals judges. (For extensivebackground on both the Michael Schmidt and Meadowsweet cases, please search the blog under those names.)

Now, in a new tack, the FTCLDF has filed suit (referred to as a “petition” in Iowa) on behalf of individual cow-share owners rather than farmers, seeking an endorsement of private contractual access to raw milk.

According to the suit, an Amish farmer boarding cows owned by Iowa raw milk drinkers Mindy Slippy and Charles Freitag received a letter from Iowa’s Department of Agriculture and Land Stewardship stating “that unless the farmer stopped doing what he was doing, i.e. participating in the Agistment Agrements, by February 13, 2009,the Department would ‘terminate your milking permit.’ Upon receipt of this letter from IDALS, the farmer stopped taking care of, tending to and managing the cows on behalf of the Plaintiffs. Since the issuance of the February 2009 letter from IDALS, Plaintiffs have not been allowed to enjoy the benefits of their property and the fruits of their contracts they entered into with the farmer, i.e., they have not been allowed to obtain or consume the unpasteurized, inprocessed milk and other dairy products from their own cows. Plaintiffs have not bought and do not buy raw milk or raw dairy products from the Iowa farmer. Plaintiffs are being damaged and are suffering an injury in fact by the action taken by IDALS. Specifically, Plaintiffs are being deprived of their fundamental and inalienable right of (a) using their own property; (b) providing for the care and well being of themselves and their families by consuming the food of their own choice; and (c) enjoying the benefits of their contracts with the farmer.” (The Amish farmer, who is unnamed, didn’t want to join in the case, the suit indicated.)

The FTCLDF case cites both the Iowa Constitution’s Inalienable Rights Clause and the U.S. Constitution’s provision of a right to privacy.

The defendant in the case is Iowa Secretary of Agriculture Bill Northey, who is described on his department’s web site as “a fourth-generation Iowa farmer that grows corn and soybeans on his farm near Spirit Lake. He started farming with his grandfather, Sid Northey, after graduating from Iowa State University in 1981.”

Interestingly, Northey is one of the few agriculture administrators to be elected. According to the web site, “The people of Iowa elected Northey to be Secretary of Agriculture in November of 2006 and he was sworn in on January 2, 2007. Northey ran on a platform of expanding opportunities in renewable energy, promoting conservation and stewardship, and telling the story of Iowa agriculture.”

I wonder how “the story” of Iowa denying individuals access to milk from their own cows is going to play on the farms of Iowa?

The suit should encourage further the emergence of raw milk as a political issue in the corn and soybean state. Newly introduced legislation would allow raw milk sales and delivery from farms.

I see this suit as building on Steve Bemis’ recent distinction (following my Feb. 5 post) between consumers and individuals who organize themselves privately. He noted that “the laws more and more talk about ‘consumers’ and then define the word broadly – as anyone who ‘consumes’ anything, which is eventually argued to mean any human with a pulse. This blurring of distinctions then morphs into talk about ‘consumers’ this and ‘consumers’ that, effectively obliterating the distinction between ‘public’ and ‘private.’

“If the state has an interest, it should be limited to ‘protecting’ the ‘public.’ This was a critical part of Michael Schmidt’s case, in which the judge carefully took the health statute apart and revealed that it was designed to protect the public. Not the private.

“The word ‘consumer’ blurs this distinction, and I believe should be avoided. Let’s talk about people who enter into cow-shares as ‘private contracting parties’ …Those that purchase at retail in stores are arguably the ‘public’ and may require more regulation to protect them.”

I agree. And if a judge can be persuaded to seriously examine the distinction, the suit could plow new legal ground in the food rights arena.

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I’ve just posted an assessment at Grist of a shift in tactics by federal and state officials in clamping down on raw milk producers.