Vernon Hershberger Trial Verdict:
Acquitted on Three of Four Charges

by Pete Kennedy, Esq. on May 25, 2013

Photo:  Farm Food Freedom CoalitionVernon’s response to the verdict:
“Praise the Lord! Now I can feed my community again.”

Image: Farm Food Freedom Coalition

In what Farm-to-Consumer Legal Defense Fund vice president Elizabeth Rich called a victory for the food rights movement, a Sauk County jury acquitted dairy farmer Vernon Hershberger on three of four criminal charges for violations of the Wisconsin food and dairy code after a contentious five-day trial.

Hershberger was acquitted on charges of operating a farm store without a retail food establishment permit, operating a dairy farm without a milk producer license and operating a dairy plant facility without a license. He was convicted of violating a hold order that Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) officials had placed on food in his on-farm store during a June 2010 raid; Hershberger removed tape that had been put on store refrigerators. Hershberger leases cows to members of a private buyers club and provides raw dairy products and other nutrient-dense foods to club members at the farm store. A sentencing date has not been scheduled.

The jury’s verdict sets a precedent in distinguishing between those producing and selling food to the public and those producing and distributing food through a private contractual arrangement (e.g., agreement with a food buyers club). DATCP had claimed broad regulatory powers over operations like Hershberger’s asserting that it has jurisdiction over any dairy farm producing milk where any of the milk leaves the farm premises. With its powerful dairy lobby, Wisconsin has been one of the most draconian states in limiting raw milk sales and distribution.

Hershberger’s lead attorney in the case Glen Reynolds said, “This is as close to Prohibition as anything I have ever seen, but this time it’s milk and an Amish farmer rather than liquor and gangsters.”

The verdict should have an impact on increasing the freedom of people around the country to be able to obtain the foods of their choice from the source of their choice regardless of whether that source has a license from the state. It should advance the right to be left alone by the government when two parties enter into a private contract for food.

Congratulations to Vernon Hershberger for his courage in standing up to an agency trying to deny freedom of choice and to the members of his buyers club for the support they have given their farmer. Congratulations to attorneys Glenn Reynolds and Elizabeth Rich for their great work in representing Hershberger and to attorneys Amy Salberg and Anja Wilson for their help in the case. Congratulations to Liz Reitzig, Gayle Loiselle and the others who planned the events of Grow Your Food Freedom Week in support of Vernon Hershberger.

It’s a great day.

YOUR FUND AT WORK

Hershberger-Team_May2013Outside the Al Ringling Theatre in Baraboo are Amy Salberg, Vernon Hershberger, Elizabeth Rich and Glenn Reynolds

Photo Credit: Cathy Raymond

Vernon Hershberger has been a member of the Farm-to-Consumer Legal Defense Fund almost since its inception. With the contentious nature of the case and the endless pre-trial hearings, the Fund’s expenses have been greater than first anticipated.

Attorneys Elizabeth Rich and Glenn Reynolds have worked long hours preparing Vernon’s defense. Thanks also to Attorneys Amy Salberg and Ajna Wilson who have provided many volunteer hours helping with the case. The Fund is not an insurance company and cannot guarantee representation on all legal matters; possible representation is just one of the benefits of membership.

Donate--132Anyone wanting to make a contribution towards legal expenses can make a donation online or send a check to:

    FTCLDF
    8116 Arlington Blvd, # 263
    Falls Church, VA 22042

Prefer to make a tax-deductible donation? Click here for details

Thanks for your support.

Pete Kennedy, Esq.

Attorney in Sarasota, Florida, serving as President of the Farm-to-Consumer Legal Defense Fund and Vice President of the Farm-to-Consumer Foundation. He has represented or assisted in the representation of dairy farmers facing possible state enforcement action in Florida, Wisconsin, Ohio, Michigan and Indiana. He has helped farmers get started in the business of distributing raw milk and raw milk products in many other states.

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