WI Judge to Zinniker, FTCLDF: No “Fundamental Right to Own a Cow, or Consume Its Milk… Am I Making Myself Clear?”
~ David Gumpert
Oct. 11 UPDATE: ‘No Food Rights’ Judge quits to work for Monsanto law firm
By Pete Kennedy
In a decision denying basic property rights and even exceeding the FDA’s contempt for the rights of private contract and food freedom of choice, Dane County Circuit Court Judge Patrick J. Fiedler has issued an order holding that owners of cows do not have a fundamental right to consume milk from their own cow.
The judge issued the order in response to a motion to clarify an earlier ruling that livestock boarding agreements between a farmer and cow owners were in violation of Wisconsin law.
The boarding contracts in question were between Walworth County dairy farmers Mark and Petra Zinniker and the members of Nourished by Nature LLC for a herd of dairy cows as well as between the Zinnikers and Galyle Loiselle and Robert Karp for an individual cow owned by the two. The Zinnikers did not have any ownership in any of the cows and were simply executing a services contract to board, care for and milk the owners’ cows, and provide the milk to the owners.
On August 12, Judge Fiedler issued a ruling denying a motion by the Zinnikers, Nourished by Nature, Karp and Loiselle for a judgment that the boarding agreement the Zinnikers had with the cow owners was in compliance with Wisconsin law.
In his opinion the Judge rejected out of hand the Zinniker plaintiffs’ argument that they had a fundamental right to possess, use and enjoy their property (including “a fundamental right to own a cow, and to use their cows in a manner that does not cause harm a third party”); he stated this claim was “wholly without merit.”
The judge went on to hold that the plaintiffs were operating a dairy farm and were therefore subject to the requirements of Wisconsin’s dairy code.
Wanting to get more specific reasons for the judge’s dismissal of their rights, the Zinniker plaintiffs filed a Motion for Clarification with the court.
On September 9, Judge Fiedler issued his decision on the motion, stating that the court’s August 12 denial of plaintiffs’ motion for judgment meant the following:
(1) Plaintiffs do not have a fundamental right to own and use a dairy cow or a dairy herd;
(2) Plaintiffs do not have a fundamental right to consume the milk from their own cow;
(3) Plaintiffs do not have a fundamental right to board their cow at the farm of a farmer;
(4) The Zinniker Plaintiffs’ private contract does not fall outside the scope of the States’ police power;
(5) Plaintiffs do not have a fundamental right to produce and consume the foods of their choice;
(6) DATCP [Wisconsin Department of Agriculture, Trade and Consumer Protection] . . . had jurisdiction to regulate the Zinniker Plaintiffs’ conduct.
With this sweeping denial of basic rights, the judge refused to recognize any distinction between public and private activity; moreover, he was holding that the government had the power to regulate people’s efforts to grow and raise their own food.
Recently in California, the Santa Cruz County Board of Supervisors passed a resolution stating that it “supports, endorses and encourages the recognition of the right and freedom of people to raise their own food, including food derived from agricultural animals, for the enjoyment of themselves and their families, either by their own investment and labor or through the assistance of others through contractual arrangements.”
Judge Fiedler is holding that when you are raising your own food through a dairy livestock boarding arrangement the state has jurisdiction to meddle in your business–similar to FDA’s views on freedom of food choice.
The judge’s holding on the lack of basic property rights of cow owners has drawn public outrage. In Wisconsin raw milk activist Max Kane is leading a campaign to have the Wisconsin Judicial Commission investigate Judge Fiedler, encouraging people to file a formal complaint against the judge on the grounds that his ruling was unconstitutional, violating “the fundamental right to life and liberty of farmers and citizens.” Others are pointing to the judge’s decision as another reason to pass a raw milk bill currently before the legislature.
The case will continue in the courts. The Zinnikers plaintiffs filed an appeal of Judge Fiedler’s decision on September 26.
our country has lost the concept that we were built on freedom and rights of individuals to make decisions based on belief systems, without harm to others.
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This has to be a federal judge…
This can and should be challenged in federal courts. He’s clearly overstepped his position.
Federal courts won’t help.
If the judge is misinterpreting some part of the Wisconsin Constitution that protects legal rights regarding cows or food or property – plaintiffs need to rely on appeal to higher Wisconsin courts.
As to the US Constitution or Federal law, plaintiffs are out of luck and have been for all of our lifetimes. See Wickard v. Filburn (1942), for a start, and blame liberals for the outcome.
This is but one more attempt to control all, and to break our country.
Every issue becomes a cause to sue or causes us to sue authority, the cost of living is becoming unsustainable!
God Bless all!
Zinnikers has lost their property (rights) and their livelihood
Fiedler is one of those funny names isn’t it? You have to watch them you know.
I think aliens have abducted our judges and replaced them with robotic substitutes who do the bidding of Satan. This is totally and completely insane and beyond comprehension. The courts have gone stark raving mad…
‘Fiedler is one of those funny names?’ His is common among German Jews. Although I am a Christian, my surname is also an Ashkenazi family name. His means ‘fiddler’ and mine ‘assassin’. Maybe the so-called judge is a musician, but I never killed anyone–that I can recall, for I once owned a license to kill (Medical Degree).
Nonetheless, the black robe is stupid, and he should be fiddling and dancing with the tzars on the roof.
Ok loser, you are a really gutsy guy, stick up for the genocidal maniacs; they are your own kind after all, no matter what they do, and that is what counts, you have to stick together.
I’m new here. Is mothman777 really a hateful little sumbitch, or is he only playing one on TV?
Mr Loescher couldn’t stand me making a light quip about Fiedler, who is after all commencing a Stalinist approach just like happened in the Ukraine when 10 million died through intentional deprivation of food to the Christians there. I am not the one who started getting mouthy; Mr Loescher (how on earth could he keep a name like that with it’s redundant connotations anyway, with him being a Christian and an ex doctor) called me ‘mouthman’. There is no need for that kind of talk on here. I know he just has to defend his own kind in a mandatory knee jerk reaction even when the Judge in question is setting about laying the foundations for starving you all to death. Go on, love the Fiedler guy. Have you ever thought that genocide is planned for people who are not of a certain belief, the edict of their particular scripture being ‘Even the best of gentiles should all be killed’. The Talmud also states ‘All Christians should be killed’. And you say something about me being a ‘hateful little sumbitch’ all this hard macho fighting talk to defend what exactly?, a racist lunatic planning on starving you to death; can you see how ridiculous that is?, and you think of me as hateful. How hateful are the people running America (into the ground) by selling it out to Israhell. Have you ever heard of USS Liberty? It’s not me pissing down your back. Kissinger wants just 500,000 left alive worldwide, and we won’t be on that list, so choose your friends wisely.
@mothman777: If Germans are “genocidal maniacs”, then what does that make Americans? Oh, sorry, my mistake, what does that make certain American leaders?
Red, you know I’m going to say this don’t you, that I don’t think Germans are genocidal maniacs, and you know very well I was not referring to them, I just wish you would come up with something a little more witty. The governments of the USA and the UK and numerous other countries are merely part of the government of Israhell, and all this is part of the one world government prophesied by Jewish scripture and being implemented right now. It is a world in which all other races are made dissolute (non-existent), and only Jews furnish all seats of power throughout the entire world, (Baruch Levy to Karl Marx – Communism being declared by rabbis as being the political arm over the gentiles of Judaism), where every Jew has 2,800 slaves from the few remaining gentiles allowed to survive only as slaves, and the Jewish religion is the only one permitted, all others having been destroyed, and you can have a little guess how much bloodshed, in the order of billions of people’s lives lost, that it will take – it is right there in the Talmud, And yes, just like the other governments I mentioned, the American (or should I say Israeli) leaders are indeed genocidal maniacs. Now what are you going to do? Pretend to be a good ol’ boy redneck true patriotic American and offer to take me outside the bar for a good stomping? You don’t sound to me like anything more than a troll, probably a sayan. Who else would stick up for a traitor like Obama.
What’s needed are laws that require all judges, politicians etc to undergo periodic psychiatric assessment
We don’t need them all to undergo periodic psychiatric assessment, as that would put psychiatrists and their lobbyists in a position of even greater undeserved power than they already have.
What we need is citizenry who can do get off their butts and do something that will make a difference. Circuit court judges are elected, and most people don’t have a strong opinion, so it would be fairly easy to convince electors that this guy should not be put back on the bench. I’ll forego the cynical predictions about whether that will happen or not.
What ever his name he is thinking like a Nazi and he needs to do this right by putting on his Hugo Boss designed SS uniform from Stormfront. Then shine up his Nazi boots, that way when he is stomping on our Constitution he can do it with SS style!
Make that a communist Stalinist uniform and you will seem a lot more realistic; that other stuff comes straight out of Hollywood.
“In America, the land of the permanent revolution, ulcers and cancer often become, for the men at the top, the contemporary equivalent of the guillotine.” Ted Morgan
So lets pour some more stress on those empty headed, anal retentive, fascist buffoons like judge Fiedler and let them do the work for us, ha ha ha!
Say it….your Worship, we the Farmers of……States’ proposing Farmers Association Rules(FAR), since this Sundown until you confessed, NO MORE MILK for you and your associates.
Have your Cornflakes with something else.
FAR representative in ….? State, U.S.A
cc: food free@wordless.
Peace upon for me.
can you say “occupy wisconsin”
In Amerika and throughout the world, global government have given you two ‘rights’: death and taxes.
And even that first right is constantly being rescinded and manipulated in accordance to the profit potential you represent as a token to their ambitions.
Look, I saw this as a 13 yr old kid. I stopped pledging allegiance to this insanity and started fighting it when I learned about the genocide of Native Americans, and felt with my own heart, the oppression that was being placed upon me, by bureaucrats and authoritarians in school. I was labeled anti-social and worse.
I hated Amerika then and I hate it more now.
What took so many of you so long? ?? What is taking people today?
I am sick to death of all of this.
Fiedler be damned.
And he will be. A high high percentage of Amerikans will find themselves damned, at the end. This is an earth holocaust.
lots of hate floating around in your head … I assume you hate yourself most of all …
Your pseudo-moral hygiene offers you about as much protection as an astronaut’s spacesuit as he drifts further and further apart and out into deep space.
Don’t let that trouble you now though. You have time to burn. Enjoy the stars.
Ha. Beautifully said.
America isn’t the problem it’s the schools and the democratic party being highjacked by socialist. They are trying to make everyone totally dependent on the Federal Government for everything. The only way to stop this is to put conservatives in charge so we can reduce the size of government and reduce the impact of the federal government on our lives. We also need to replace all judges with conservative judges who will enforce the constitution and not used an illogical liberal interpretation.
@Dan in NH:
The best thing I can say about you is that you’re trying and not quite so stupid and ignorant as JeffC.
But you are wrong about Amerika. It is rotten to the core.
The law is unenforceable. How would anybody know?
however, you have the right to own as many automobiles as you like and drive them all over the place
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Let’s see…it’s a story about cows, based in the Midwest, and is so absurd as to ALMOST defy parody: This is a job for Iowahawk!
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I’m praying for bovine intervention.
Disbar and impeach this judge who will not follow the law or Constitution.
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When tyranny returns, it will not be in goose-stepping uniforms or on tanks, but in black judges’ robes
Terrible, terrible ruling. I 100% support the right of people to grow and consume whatever they want– whether it’s raw milk or GMOs.
It’s the same FDA power to regulate GMOs that gets used against raw milk. Too many people don’t actually want to fight for the principle of food freedom, they only want to fight for the freedom of the food that they like– and are more than willing to ban what they don’t like.
smells like a well greased judge to me…. has to be some strings with money attached… or someone’s really really just off their rocker power tripping and very much gone INSANE!
Does that mean that the farmer cannot eat the turkey that he raises or eat the eggs from his chickens or eat the beef from the cattle that he raises? I’m sure this could be challenged in a higher court.
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This judge is simply following WI law. Get mad at the state legislators who passed general legislation that enables WI Ag Dept to put in place whatever regulations the bureaucrats think best. And get mad at the state voters who vote in legislators who think it is their duty to “protect” citizens from making their own decisions about food, light bulbs, toilets, children’s pajamas, etc.
Absolutely correct. Judges interpret the laws as made by the legislature. Ridiculous court decisions are but a symptom of the overwhelming legislative stupidity imposed by our elected representatives in the name of “protecting” us from our selves. “More” government has never made anything better for its citizens. Ever.
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I thought at first I was reading some satirical piece from the publication, “The Onion.” I understand now that this is an actual situation. I’m not a smart man… but I know what a bona fide NUT is, and that is what you have here. The people of Wisconsin need to rise up en mass and oust this person from office immediately.
…and that’s all I have to say about that.
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I hope the “judge” or the ones behind his shoulders remembered that they were once youngsters too who loved milk a lot and their parents had or relatives had made a pretty nice living because of a farm business. I see one comment above that federal courts won’t help. What is really going on with our nation now? They are taking everything from us…and they have the advantage because they have power.
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The only entity I could imagine supporting this would be the large milk producers. Follow the money?
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unless it is chocolate milk.
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it’s the new thing in America to use anything they can to force you to drink their milk and not produce your own. Kinda like the Bush clan blowing up our buildings and saying terrorists did it so they can enforce all kinds of shitt upon us. AE9/11truth.org and 9/11mysteries.com if you think I’m lying
Lying … possibly.
Misguided … DEFINATELY.
Try watching the full 2 hour 5 minute version of ‘911missinglinks’ that shows conclusively how traitor zionist members of the US government colluded with Israel to do 911 to get the American people hoodwinked into fighting all Israel’s dirty wars for them. Check out what happened to the USS Liberty too, when Israel attacked a US surveillance ship, whilst posing as Egyptian forces in a false flag attack, wiped out loads of her crew, including those they strafed to death in the life boats, just so there would an excuse to drop a nuke on Cairo for Israel, and it very nearly came to that. No, David is NOT lying, and he is NOT misguided, and there is definitely something drastically wrong when you write with such a pretension of authority to undermine the real truth of what he is saying. There are far too many people completely brainwashed by zionist government propaganda who are willing to stake their very lives on believing in the trustworthiness of politicians who will put the interests of Israel above all else, even the lives of American citizens. If you don’t study these materials offered you, and still maintain your present view, then any sensible person will be obliged to conclude that you are willfully representing interests against those of the United States of America; get yourself properly aquainted with the real facts, and I bet you will change your opinion really fast.
Well, actually the court order (here, PDF) said that “Plaintiffs operate a dairy farm,” and the issue is not their personal cow, but the cows they board for others.
Also of note is that the owners, Mark Petra Zinniker, had their farm shut down last September after state agriculture officials said more than 30 people from Walworth, Waukesha and Racine counties were diagnosed with a bacterial infection from consuming raw milk traced to the farm. Specifically, bacteria from cow feces got into the milk, with “Twenty-one victims were under the age of 18, and one was hospitalized.”
You realize this is consistent with the law right? That these folks were trying to circumvent the law for profit? If it was just the family, it would be no problem. It is the business aspect that brings the law into this. You can raise your own cow on your own property for your own use. You can not do that for profit. You can not do it in such a way that interferes with interstate commerce, if it gets to be a Federal issue. Either way, you have to be consistent with the laws.
all i know is i don’t give a rat’s azzz what the h#ll people with cows do or don’t do..as long as there’s milk in the supermarket…and we give theses judges a pay check?? …omg
Laws gone WILD.
So…does an infant have a right to consume milk from its mother’s breast?
He just applied his own negative experiences against the poor Farmers. No doubt, he will regret. Until then, no more Milk for this Judge and his associates.
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I think, the Judge was Mentally absent, while he was thinking about the Breast feeding Rules, that has been band as well.
However, he will change his Mind, if ‘THE VIEW’ will invite him.
I betcha, Barbara or Elizabeth will street him.
Some Unexpected Judgments…, few Days before their term expired.
Enough with the off target comentary, this isn’t socialism, it’s facism in livin’ color. Facism comes in many colors, communisim (prevelant in the north and northeast), democratic party(everywhere), Muslim law (also prevenlent in the north), and quasi-anarchy (just want to seize control of people). It’s time people stopped looking at the micro-incident and look at the big picture. We’re losing our country to these factions through lawmakers, judges and lawyers.
I agree, James — tho I’m not sure which “ism” applies. It’s tyranny no matter what color the sociologists paint it.
Freedom is not free. When good men do nothing evil men prevail.
This tyranny, communism, socialism, fascist, nazi no matter what title you put on it. We are in the age of tyranny. Time for revolution.
Glen Beck is back to make some $$$$$$$$$$$$$$$$$$¥•
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Let’s face it. Judges have no fundamental right to force others to comply to their opinions.
These are the same tactics that the Bolsheviks- the JEWS – used in Russia. So to all of you trolls denouncing Mothman – he’s RIGHT.
Thanks Denise, you might like an essay of mine, with plenty of links all about that, called ‘metanoia’ on rtr.org, under the name mothman777. Some search engines can’t find it, but google chrome works ok. I put quite a bit of nutrition, health, spiritual, political information in to it; I hope you will find much to benefit you. With best regards, mothman777
Next time you folks read abiout a drug bust or laugh at the antics of the Drug Gestapo on TV, remember your outrage over the loss of your “food freedom.” Over half a million Americans, right now, live in cages, and another million and half in chains, because We, the People, do NOT have private property rights. We don’t even have sovereignty over our own bodies.
Has anyone ever read the Declaration of Independance, from which our country was born? The time has come for the people of this country to realize that the “He” (representing the king of England) in our Declaration of Independance has been replaced, with the form of government we now have. Our Declaration of Independance from England now needs to be revisisted, with what should be our “representative republic” has become. The time is now to begin to act, if you are a true citizen of this formerly great country.
Well said. Remember freedom is not free. When good men do nothing evil men prevail.
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I would certainly like to know what the anti-Semitic remarks are doing on this post. They do not solve any problems and only show the ignorance of the person posting. If you want to continue with your hateful remarks do it on your own site and don’t interfere with knowledgeable and or concerned conversations here. Spewing hatred never did anyone any good.
I don’t know if you also read, but on Sept 30 Judge Fiedler resigned his post as judge and went to work for a lawfirm that represents Monsanto. So there’s your answer. It was his reward for screwing the citizens.
That is so awful that Judge Fiedler has now quit his previous post and gone on to do legal work for Monsanto; they really do work for a demonic remit, and Fiedler seems to be eager to add to his negative karmic record. If only he would realise all souls are equal and come from the same source and that we are all destined to return to a common destination by service to all through God, then he would not be so callous in the nature of his work, he needs to absorb a little Vedic culture fast, and not help Monsanto (I won’t mention who they are owned by) to cause any more deaths around the world. Around 250,000 Indian farmers have committed suicide over the past 10 years due to the problems they have faced through Monsanto’s aggressive sales policies, the rip off their seeds represent and the ruined lives of the animals and humans who consume GMO products, who experience terrible disability and death, this unfortunately being part of the NWO genocide policy to exterminate all but 500,000 or so of the world’s population, at least that is the figure ‘angel of death’ Henry Kissinger proposes as the suitable surviving population level. This is not my own confabulation or conspiracy theory but what Kissinger is recorded as having actually stated as his intention. What sort of world they will live in will surely be some sort of awful nightmare, not a world in which the purity of God’s intended ecosystems for this world are in any way preserved. I think they have gone quite mad actually, not having any real God as a spiritual tuning fork to give them any objective sense of eternal spiritual reality to aim towards.
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Who the hell does Dane County Circuit Court Judge Patrick J. Fiedler think he is by ruling that a man cannot own his own cow and drink it’s milk? I personally am so outraged that I am considering moving to Wisconsin so that I may buy a cow, drink its milk, and relieve myself on Judge Fiedlers’s lawn. Everyone should contact his honor to tell Judge Fiedler that he lacks the authority to make such a ruling and that it will be disobeyed at every opportunity.
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The executive branch is already NWO. The judicial is 50-50. Stop codex alimentarius
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So far, I have heard about racial, revolution, and bad government, over a glass of milk!! ?????
Today it’s is a glass of milk, tomorrow it will be a gallon of milk, the day after will be no milk period, because your liberal, socialist, fascist, communist government knows what is best for you. It is your mindset that leads us to tyranny. Remember freedom is not free. When good men do nothing evil men prevail. Hope you wake up before its too late.
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Are you guys knowledgeable about cooperatively raising grass fed beef? I’d like to get a program like that going.
This judge should be disbarred. He’s clearly insane.
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I live in Alachua County, FL, where I grow my own veggies, raise chickens and some livestock. I am also a disabled American covered under Title II of the Americans With Disabilities Act (ADA) b/c my MDs have prescribed I eat foods free of pesticides, growth hormones, etc.
When the Alachua County Sheriffs nose around the borders of my property, I promise them I will sue them in their individual and personal capacity for violating my rights as a disabled American under Title II of the ADA, pursuant to “TENNESSEE V . LANE” (2004 U.S. Supreme Court). Works every time.
Under Tennessee v. Lane, nutcase cops, etc., who tell you you can’t eat from your own garden can be sued PERSONALLY for violating your rights under Title II of the ADA.
David F. Petrano, Esq. (Florida)
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I judge not, 😉 but someone has been drinking too much pasteurized milk.
This is why Judges Persecutors and otyher members of the courts need to be sued. There is a section of the USC section 42 1983. This protects your rights ot life liberty and property. If someone in their official capacity or their personal capacity violate your constitutional rights they are subject to a federal court suit. The end of Justice is the end of civil society. This is part of the plan to stoke violence from the masses. then declare Marshall law. It is all part of their corrupt evil game.
this makes me want to cry
i know elziabeths same here….:(
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Anyone know what the final outcome of the appeal was?
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