Wisconsin ups its attacks on raw milk dairy farmers: The Max Kane case

By Max Kane
Raw Milk Party

4/20 UPDATE: Kane Wins (See hartkeonline)

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OVERVIEW OF THE CASE — The State of Wisconsin v. Max Kane

Max Kane is challenging a subpoena issued to him by Wisconsin’s Department of Agriculture.  The subpoena’s purpose is to collect information about the possible violations of Wisconsin dairy statutes. Kane believes this violates numerous rights guaranteed to the people by the U.S and Wisconsin Constitutions, including one’s:

  • Right to life, liberty, and the pursuit of happiness;
  • Right to Privacy; Right to obtain one’s private food from a private source;
  • Right to peacefully assemble;
  • Right to be secure in one’s persons, houses, papers, and effects against unreasonable search and seizure without a warrant supported by Oath or affirmation; and
  • Right to not stand witness against oneself, nor be deprived of life, liberty or property without due process.

The subpoena demands that Kane “gives up” names and addresses of his raw milk farmers to the State.

Kane believes that the State has every intention to “shut down” Kane’s farmers, and in effect, leave Kane and his family without the food source of their choice.

In a court hearing on December 21, 2009, Vernon County Judge Michael Rosborough said that a ruling on the constitutionality of several Wisconsin dairy statutes, which Kane challenged in court, was not for a lower court to decide, but is an issue for the supreme court. Thus, the judge did not rule on the constitutionality of the dairy statutes in question.

Max Kane then filed an appeal to move the case up into the higher courts for a ruling.  The case is currently under appeal with the 4th District Wisconsin Court of Appeals.  Kane is waiting for a transcript of the December hearing from the Circuit Court to proceed with the Appeal.

After Kane filed the notice of appeal, the State then, with another subpoena, ordered Kane to appear before Assistant Attorney General Phillip Ferris to answer questions.  Kane refused claiming that if he gave testimony at that time, it would render his appellate Rights totally meaningless.

The State is pushing Vernon County Judge Michael Rosborough to hold Max Kane in contempt of court and have him jailed.

Sending Kane to jail would leave his wife who is 7 months pregnant, and 2 small children, without a husband, father, family leader, and provider.

In spite of the fact that no person anywhere has even signed a formal complaint against Max or his involvements in the raw milk movement, nor has he been charged with a crime. The State, in their briefs to the court, has declared Kane an immediate danger to the public. The State is now moving to have Kane ordered to jail while his case is under appeal.  The hearing date is set for April 19, 2010 at 10:30 am in the Vernon County Court of Wisconsin.

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