Last Round of Court Documents Filed in Lake View Natural Dairy v. Minnesota Department of Agriculture

The last scheduled round of court documents has been filed in the Lake View Natural Dairy (LVND) v. Minnesota Department of Agriculture (MDA) court case, in which the MDA is attempting to force statutory rule (that does not apply) upon LVND who have a plethora of constitutional (and other) arguments against the MDA’s actions.  LVND’s attorney, Zenas Baer, has filed this response; BERGLUND’S REPLY  MEMORANDUM IN SUPPORT  OF AN EVIDENTIARY HEARING ON CONSTITUTIONAL  ISSUES, to the  MDA’s arguments.

There have been three documents scheduled by the court; first was LVND’s original memorandum, second was the MDA’s response memorandum and the last was LVND’s reply memorandum that is listed above. These three documents are a lot to sift through, but are the arguments concerning all off our personally held rights to either associate privately with one another (LVND’s arguments) or the right of the government to control those private associations through statutory police powers (MDA’s arguments).  I’ll point out again, I am not anti-government and was a law enforcement officer myself for 15 years (13-Minneapolis PD and 2 – Cook County Sheriff’s Office).  But, it is clear to me that the MDA is attempting to “widen their net” of statutory police powers that infringes upon private men and women’s liberties, specifically our rights to associate.  The statutes they attempt to impose upon LVND were not meant to be applied to a privately owned small farm that sells their products directly to informed private men and women.  The arguments for and against these personal liberties is contained in the documents linked above.

In this third document filed by LVND, Zenas Baer argues:

  • Why the MDA has failed to address how they are impairing LVND’s (and men and women who privately associate with them) fundamental liberties through inspection, regulation and control.
  • Why the MDA’s broad inspection authority does not include authority to inspect a “Dairy Farm.”
  • Why Federal regulations do not apply to the LVND.
  • Why the MDA’s argument that LVND has waived its right to challenge the constitutional basis of the MDA’s regulatory scheme is without merit.

The next court date is Tuesday, October 13th at 10:00am at the Cook County Courthouse.  We hope for a large show of support at that hearing, but currently have no estimate of the amount of people who will show up to support our liberties, so we ask that anyone who is able to come and that we not rely on others to support these individual protections.