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Quote


"There is no 'deeply rooted' historical tradition of unfettered access to foods of all kinds," states the document signed by U.S. Attorney Stephanie Rose, assistant Martha [bleep] and Roger Gural, trial attorney for the U.S. Department of Justice.



Hoo boy! No historical tradition unless you count the entire history of the US before the FDA!


Islam is a terrorist organization.

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I just read the case. The plaintiffs are running a dairy farm operation, and selling milk through a store they own and manage, to "members" of the LLC that pay a "fee" to be members.

It's essentially a co-op arrangement with a private dairy herd owned and managed by the directors of the LLC and owners and managers of the store.

It's a for-profit dairy operation.

The judge's ruling to deny their motion for summary judgment is correct.




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Knew I could count on you to read it.

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Originally Posted by tjm10025

Knew I could count on you to read it.


Pretty damned clear, right off the get-go, what they are trying to do.

Hell, it's a motion for summary judgment dismissal.

This case is FAR from over.




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Remember that the judge has to keep precedent in mind.

Think how dangerous it would be if the government let people do as they pleased with their own property.

Or with their own bodies.

Can't have that.

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Originally Posted by DocRocket

It's amazing to me, now that I'm in Texas, to realize how bad it is up there.


You may want to change your 24HCF profile to reflect your relocation. wink


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Read the f'kin' order of dismissal of their motion for summary judgment.

It's even written in plain English.




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Originally Posted by tjm10025


All I really need to know, is whether this list came from the judge, or the plaintiffs:

Quote

"(1) no, plaintiffs do not have a fundamental right to own and use a dairy cow or a diary (sic) herd;
"(2) no, plaintiffs do not have a fundamental right to consume the milk from their own cow;
"(3) no, plaintiffs do not have a fundamental right to board their cow at the farm of a farmer;
"(4) no, the Zinniker plaintiffs' private contract does not fall outside the scope of the state's police power;
"(5) no, plaintiffs do not have a fundamental right to produce and consume the foods of their choice; and
"(6) no, the DATCP did not act in an ultra vires manner because it had jurisdiction to regulate the Zinniker plaintiffs' conduct."


So, will you let me be lazy, and just tell me? Please.

Scott



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Originally Posted by 2legit2quit
Originally Posted by Mannlicher
in a just world , Judge Fiedler (who has probably never seen a live cow), would be run out of town on a rail, wearing tar and feathers.



yaknow Sam, I must be gettin older and more cranky


for I swear lately we've been reading from the same page shocked

am afraid if you find yourself in my neck of the woods I owe you a beer or three


It is not that we are getting 'cranky', but as we age, we find it difficult to suffer fools with anything resembling grace. laugh


Sam......

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Originally Posted by tjm10025

Am I the only one here who has read the case?


reading that schiet, as opposed to reading and understanding what it all means, can be two different things. Most of us are not lawyers, and are not versed in the subtle nuances of legalese bullscheit.


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Sam;

It's in plain English. Read it.




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Originally Posted by Scott_Thornley
Originally Posted by tjm10025


All I really need to know, is whether this list came from the judge, or the plaintiffs:

Quote

"(1) no, plaintiffs do not have a fundamental right to own and use a dairy cow or a diary (sic) herd;
"(2) no, plaintiffs do not have a fundamental right to consume the milk from their own cow;
"(3) no, plaintiffs do not have a fundamental right to board their cow at the farm of a farmer;
"(4) no, the Zinniker plaintiffs' private contract does not fall outside the scope of the state's police power;
"(5) no, plaintiffs do not have a fundamental right to produce and consume the foods of their choice; and
"(6) no, the DATCP did not act in an ultra vires manner because it had jurisdiction to regulate the Zinniker plaintiffs' conduct."


So, will you let me be lazy, and just tell me? Please.

Scott


Those quotes were taken out of context in the decision.

If you want to know who said what and why...READ THE DECISION.

Being lazy here means you are not getting the truth of the decision.

The judge was right. They were trying to get around the law requiring a dairy license and it backfired.

The case certainly isn't over, just round one, but it doesn't look good for the Plaintiff's as the judge went to great detail explaining WHY he denied the Motion for Summary Judgement.

No one is saying that you can't eat your own food, drink your own milk, choose your own diet. All of the claims that the owners had about not being able to drink their own milk are covered in the existing laws and administrative codes as ALLOWING just that. The Judge, in his ruling mentions that when he QUOTES the laws.

So, someone comes up with the story in order to stir the pot, misrepresenting what the Judge was actually ruling on.

Ed


"Not in an open forum, where truth has less value than opinions, where all opinions are equally welcome regardless of their origins, rationale, inanity, or truth, where opinions are neither of equal value nor decisive." Ken Howell



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Originally Posted by VAnimrod
Sam;

It's in plain English. Read it.


Basically, the Plaintiffs tried an end-run around the dairy laws, got caught selling milk illegally, lost their license, tried to reorganize under a scheme to allow "members" to own a cow, board it at this farm, and get raw milk products from "thier" cow.

The law specifically defines who can do that, and the Plaintiffs didn't meet the definition, and a bunch of people in the community (35+) got sick and wound up in the hospital with a Campylobacter infection from consuming the raw milk.

So, the State stepped in, shut the operation down, the Plaintiff's sued, beginning with a Request for Summary Judgement and it got shot down.

Here we are.

Ed


"Not in an open forum, where truth has less value than opinions, where all opinions are equally welcome regardless of their origins, rationale, inanity, or truth, where opinions are neither of equal value nor decisive." Ken Howell



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still, it is no reason to not tar and feather the judge. laugh

I still bet the SOB could not tell a cow from a horse, and is using a version of "what is the definition of "is" to micro finesse his decision.

.......and I did read the entire 27 pages. I maintain that other than being written in the English language, it is in no ways 'plain'.
Crap like that is written by lawyers, for lawyers, and to convince the rest of us that only lawyers can do that sort of BS.

Last edited by Mannlicher; 10/07/11.

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Originally Posted by Mannlicher
still, it is no reason to not tar and feather the judge. laugh

I still bet the SOB could not tell a cow from a horse, and is using a version of "what is the definition of "is" to micro finesse his decision.


I'm up for tarrin' & featherin' some judges, but this one knows that the fat lady ain't sung yet, so he covered his bases pretty well. laugh

Yeah, it's some kinda purty legalese he used, but they didn't offer a "reach-around" so he slapped 'em!

Ed


"Not in an open forum, where truth has less value than opinions, where all opinions are equally welcome regardless of their origins, rationale, inanity, or truth, where opinions are neither of equal value nor decisive." Ken Howell



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Wreckers, hoarders, and kulaks! How dare they claim a right to drink their own cow's milk.


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Steve;

Read the dismissal. wink




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Originally Posted by APDDSN0864
Originally Posted by VAnimrod
Sam;

It's in plain English. Read it.


Basically, the Plaintiffs tried an end-run around the dairy laws, got caught selling milk illegally, lost their license, tried to reorganize under a scheme to allow "members" to own a cow, board it at this farm, and get raw milk products from "thier" cow.

The law specifically defines who can do that, and the Plaintiffs didn't meet the definition, and a bunch of people in the community (35+) got sick and wound up in the hospital with a Campylobacter infection from consuming the raw milk.

So, the State stepped in, shut the operation down, the Plaintiff's sued, beginning with a Request for Summary Judgement and it got shot down.

Here we are.

Ed


Exactly.




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Originally Posted by tjm10025

Am I the only one here who has read the case?


Yes - because government should have no role in regulating food. And when I say that crying about "safety" won't change my mind.


Ignorance is not confined to uneducated people.


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LIBERTY!










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