The ongoing court battle, in which the Minnesota Department of Agriculture (MDA) is attempting to force inspection and regulation upon privately owned Lake View Natural Dairy (LVND), is scheduled to continue on Tuesday, October 13th, 2015 at 10:00 am at the Cook County Courthouse. Your presence is requested at this hearing to show your support! This regulation would dictate that LVND buy cost prohibitive machinery for pasteurizing and bottling which would result in their doors closing permanently, see previous post – What would licensure, inspection and regulation mean to Lake View Natural Dairy?
LVND has consistently asserted, due to constitutional (state and federal) limitations upon government powers, that the state has no jurisdiction to inspect and regulate LVND because they are privately owned (they are not incorporated or listed as a business with the state) and they only associate with private men and women who are intentionally seeking out LVND’s raw milk and other farm/garden products. They do not associate with commercial dairy operations (ie. sell their milk to a creamery for further processing). LVND offers unpasteurized/raw milk, is not a Grade A or Grade B dairy and only sells their farm/garden products at their farm/garden location in Grand Marais, MN.
Currently, the MDA has removed their previous Assistant Attorney General, Kimberly Middendorf, from the case. A new Assistant Attorney General, Max Kieley, has been assigned. Unfortunately, Kieley immediately attempted to block any kind of constitutional arguments concerning whether an Administrative Order of Inspection (AIO) by the MDA upon LVND is valid. Kiely asked the court to strike 17 of 22 pages of constitutionally based arguments against the validity of the AIO, contained in LVND’s attorney’s most recent 28 page memorandum to the court, that is impairing the constitutional rights and privileges of the owner (David Berglund) of LVND. The Court informed Kieley that if there are issues that legitimately go to the constitutionality of the Department’s regulation of Berglund selling his products, the Court would hear those arguments. This was the same tactic that the previous Assistant Attorney General attempted days prior to the first court hearing held on March 9th, 2015 and at that time this same tactic was flatly rejected by the Court.
LVND and every private farmer/gardener in MN will need the support of other private men and women again on Tuesday, October 13th, 2015 at the Cook County Courthouse at 10:00am. A hearing is scheduled at that time, after all current arguments have been given to the court in writing, during which all parties have been ordered to be present in person. The attorneys will be presenting their arguments verbally, which will be based on the previous filed affidavits.
Please support your individual right to make choices for you and your family by planning on attending the October 13th hearing with other supporters of LVND, supporters of small private farmers and supporters of small private gardeners. These decisions will impact anyone who has a small garden and a single cow or goat that would like to sell their extra potatoes or half gallon of milk to their neighbor. LVND has been providing its current farm/garden products to the people of Cook County, MN for over 12 years, a tradition spanning over the last 100 years. Check this website (www.supportlakeviewnaturaldairy.org) often as I will add information regularly, as I understand it, about this matter and the arguments against the MDA’s intentions. The MDA has filed their memorandum responding to LVND’s attorney’s memorandum, and that MDA response will be posted soon for people to read and make their own judgements upon.
Most of all, please DON’T assume that someone else will be at the hearing and it’s not important for you personally to attend. At this time, I have no estimate of the number of people planning on attending the court date. Above all else, this is about our individual rights, which must be protected by each individual themselves! Recruit others to arrive with you and stay throughout the hearing if possible. Spread this website and links to others, so they might choose to come on October 13th!
Please click “HERE” and simply type “I’ll be there!” along with the number attending in the subject line, so that we can get an accurate estimate of how many will be attending.
Court hearing scheduled for October 13th at 10:00 am.
Cook County Courthouse
411 West 2nd Street
Grand Marais, MN 55604
Please arrive early for security screening and seating as there may only be standing room available. Please leave metal items (i.e. pocket knives, etc.) in your vehicles to help our deputies with the potential large volume of persons attending the hearing. If you forget you have restricted items on your person, you will be asked to return them to your vehicle.
The Cook County Sheriff’s Office did NOT force an inspection upon the Lake View Natural Dairy on behalf of the MN Dept. of Agriculture as requested. This occurred because the Sheriff’s Office was informed about the issue at hand. Thank them when you see them, this may have been the first time this has occurred throughout the country!
– See more at: www.supportlakeviewnaturaldairy.org , including all the past postings.