Food Freedom and Jury Nullification

Do you know about “Jury Nullification”?

This is from the Farm to Consumer Legal Defense Fund:

The Hershberger Trial and Jury Nullification
By Pete Kennedy, Esq. | February 24, 2012

Sometime later this year Loganville, Wisconsin dairy farmer Vernon Hershberger will be tried before a jury in Sauk County Circuit Court on four criminal misdemeanor counts accusing him of violating the state Food and Dairy Code. The case has drawn widespread attention in Wisconsin, with Hershberger’s supporters rallying to his cause.

A question that has been raised about the trial is: can the jury hearing the case legally engage in jury nullification and return a verdict of not guilty on the charges no matter what the facts and the law of the case are? The answer is yes.

Read more >

No Right to Drink Milk from Own Cow – National Complaint Letter and Fax Campaign

This comes to us from The Weston A. Price Foundation:


On September 9th, 2011 Wisconsin Judge Patrick J. Fiedler signed a court order declaring that owners of dairy cows in Wisconsin do NOT have the right to drink the milk from their own cow!

The order applies to a case between plaintiffs Nourished by Nature, LLC and its members, dairy farmers Mark and Petra Zinniker, Gayle Loiselle and Robert Karp VERSUS defendant Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP). Nourished by Nature, LLC and the Zinnikers contracted for a herd of cows wholly owned by the LLC to be boarded at Zinniker Farm. Loiselle and Karp also contracted with the Zinnikers to board their wholly owned cow. In February 2010 the plaintiffs filed suit against DATCP seeking a court ruling that their boarding contracts were legal. Last month Judge Fiedler denied plaintiffs motion and rejected their arguments that they have the fundamental right to possess, use and enjoy their property. The plaintiffs filed a Motion for Clarification which resulted in the September 9th order.

Judge Fiedler’s ruling disregards the fundamental right to life and liberty of farmers and citizens. The preamble of the Constitution declares that government was founded to secure the rights of its citizens.

The Wisconsin Judicial Commission has the power to remove a Judge from the bench and that is our goal, but we need your help!
Judge Fiedler stated that, This court is unwilling to declare that there is a fundamental right to consume the food of one’s choice without first being presented with significantly more developed arguments on both sides of the issue. He said his decision translates further that, NoPlaintiffs do not have a fundamental right to own and use a dairy cow or a dairy herd. and NoPlaintiffs do not have a fundamental right to consume the milk from their own cow.

We need hundreds of formal complaints signed against this judge. If enough people fill out the form, this will force an investigation from the Judicial Commission. Marc Lovicott, a reporter from Channel 3 Madison, WI, has said that if more than 100 complaints were filed he could guarantee that he would put the story on prime time. We need to stress that this judges ruling was unconstitutional and lacked judicial professionalism.

1. Please download the complaint form, which you can fill in your own narrative. Here is a link to the form:$2C+Consumer+Form+Blank$2C.pdf

2. Here is a link to a form that the narrative is already filled out:

3. Enter your name and sign it, then fax to (608) 266-8647 or mail to :

MADISON, WI. 53703

4. Wait 3 days after you mailed or faxed your form. Follow your complaint form up with a phone call to the Wisconsin Judicial Commission at (608) 266-7637, and ask if they received your complaint.

5. If they received it, tell them that you would like to personally speak with the person who is responsible for investigating this complaint. Tell the investigator that this judge is denying farmers of their fundamental constitutional rights to life, liberty, and the pursuit of happiness. Tell the investigator that you want the judge brought to justice, and demand that The Wisconsin Judicial Commission sees that the Judge is removed from the bench. Then ask the investigator what action is he/she going to take on your behalf to see that The Wisconsin Judicial Commission gives this issue its full attention.

We in Oregon have been very fortunate that this sort of action has not been happening in our area.  But farmers and consumers across the Nation are being harassed, and denied their fundamental rights to produce and consume foods of their choice.  Please help stop this by writing letters and joining the Farm to Consumer Legal Defense Fund.

Links and other info:

July 22nd–26th: "Farmageddon" showing in Portland

The movie Farmageddon premiered last month in major cities.  This month it will be showing in Portland!

July 22nd – 26th
Portland OR
Hollywood Theater
4122 NE Sandy Boulevard
Portland, OR 97212

Americans’ right to access fresh, healthy foods of their choice is under attack. Farmageddon tells the story of small, family farms that were providing safe, healthy foods to their communities and were forced to stop, sometimes through violent action, by agents of misguided government bureaucracies, and seeks to figure out why.

Filmmaker Kristin Canty’s quest to find healthy food for her four children turned into an educational journey to discover why access to these foods was being threatened. What she found were policies that favor agribusiness and factory farms over small family-operated farms selling fresh foods to their communities. Instead of focusing on the source of food safety problems — most often the industrial food chain — policymakers and regulators implement and enforce solutions that target and often drive out of business small farms that have proven themselves more than capable of producing safe, healthy food, but buckle under the crushing weight of government regulations and excessive enforcement actions.

Farmageddon highlights the urgency of food freedom, encouraging farmers and consumers alike to take action to preserve individuals’ rights to access food of their choice and farmers’ rights to produce these foods safely and free from unreasonably burdensome regulations. The film serves to put policymakers and regulators on notice that there is a growing movement of people aware that their freedom to choose the foods they want is in danger, a movement that is taking action with its dollars and its voting power to protect and preserve the dwindling number of family farms that are struggling to survive.

Farmageddon Movie website:
Farmageddon on Facebook:
Hollywood Theater:

Articles and reviews:

Radio: Food Rights Hour

This comes to us from the Farm to Consumer Legal Defense Fund:

Radio: Food Rights Hour

News Commentary with Tim Wightman & You
April 23, 2011 – Saturday Evening

5-7 PM Pacific


Tim Wightman, President of the Farm-to-Consumer Foundation, will be your host. This week’s guest is you! Please call in with your comments and questions!

CALL-IN NUMBER: 800-313-9443

Saturday’s lively discussion will cover stories like “USDA moves to let Monsanto perform its own environmental impact studies on GMOs” and more!

If you miss the show, listen to the recording!