For almost two years Maine state regulators have kept a small home food business from serving healthy, prepared meals to a rural community.
Farm-to-Consumer Legal Defense Fund (FTCLDF), in support of Kenduskeag Kitchen owner Rhiannon Deschaine and other members, maintains the action taken by the State of Maine Department of Health and Human Services (DHHS) violates state law and the state constitution, both of which include measures to protect food freedom.
In its second year of litigation, the lawsuit saw a partial ruling last month. On Aug. 15, 2024, the Maine Superior Court issued an order partially granting, and partially denying, the state’s Motion to Dismiss the lawsuit. The Court also dismissed a consumer claim brought pursuant to the Maine Constitutional Right to Food Amendment.
This means that litigation will continue under the current Maine Food Sovereignty Act, but not the Constitutional Right to Food. FTCLDF is considering an appeal of the denial of the Constitutional Right to Food claim as this impacts small producers and consumers throughout the state of Maine.
“I am very concerned about the Court’s denial of the Constitutional Right to Food claim,” says FTCLDF Executive Director Alexia Kulwiec. “The Court essentially found that the state did not deny the consumer the right to the food of his choice, but that he lost access to certain meals because the kitchen shut down. But the Kitchen only shut down because of the state’s action.”
“FTCLDF is considering an appeal and is hosting a fundraising event in a few weeks in Portland to support both the litigation and protect Food Sovereignty and the Right to Food in Maine,” she said.
The fundraiser, “A Seat at the Table“, will be held on Saturday, Sept. 28, 2024 at a local Portland, Me. brewery, Rising Tide Brewing Co.
For more details on the Maine Right-to-Food and Food Sovereignty litigation, read here.
Purchase Tickets to the Fundraiser!
Next Steps in the Fight
In the next couple of months, a great deal of legal work will be done in support of the Plaintiffs, the Maine Food Sovereignty Act and the Kenduskeag local food ordinance. FTCLDF is on the case and will be completing the needed legal work.
FTCLDF needs your support!
As you might guess, having to write legal documents, possibly file an appeal, and sending top notch Maine attorneys to fight in court will not be cheap. FTCLDF urges readers, members and activists to support this litigation by donating here. Thank you for all you do to support food sovereignty.
About Farm-to-Consumer Legal Defense Fund
FTCLDF is a non-profit organization that works to protect, defend, and broaden the rights and viability of independent farmers, artisanal food producers, and their consumers. For more information, please visit http://www.farmtoconsumer.org or call (703) 208-FARM (3276).
Media Contact for Farm-to-Consumer Legal Defense Fund
Alexia Kulwiec, Executive Director
[email protected]
703.208.3276