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That farm-fresh turkey I bought for Thanksgiving.On Monday afternoon, I took a 40-minute drive to Terri Lawton’s Oake Knoll Ayrshires farm in nearby Foxboro, MA, to pick up a Thanksgiving turkey.

I know it’s not a big deal in the larger scheme of things, to make a special trip to pick up a turkey, but I felt very thankful  that I had the opportunity  to buy a free range bird straight from a farm. I felt even more gratitude when I was able to pick up a gallon of raw milk and a dozen eggs as well. 

These seemingly routine opportunities shouldn’t be taken for granted. There is lots of pressure to deny us access to nutrient-dense foods direct from farmers–I was reminded of just how much pressure when I received updates on a couple of long-standing legal cases from the Farm-to-Consumer Legal Defense Fund this week. 

First, the  judge in the administrative case launched by the Minnesota Department of Agriculture against Alvin Schlangen put a hold on the agency’s  attempt to  score a quick legal victory  against the farmer. The MDA filed a motion in a state administrative court for summary disposition against Schlangen, growing out of MDA administrative hearings earlier this year in which Schlangen was declared in violation of Minnsesota dairy and food licensing regulations by distributing food to members of his food club.

As part of these latest proceedings, the MDA (via the Minnesota Attorney General) asked the judge in the  case to rule in its favor because Schlangen hadn’t filed the  requisite responses in the agency’s administrative case earlier this year by the required deadlines. Schlangen’s FTCLDF lawyer, Nathan Hansen, argued that the farmer didn’t have  proper legal  representation to handle the paperwork. Several days ago, the judge denied the MDA’s request to penalize Schlangen for being late in filing his papers, and asked some pointed questions of the MDA. 

So now  the judge has  to rule on what to do next–whether to grant the MDA’s request to rule in its favor or hold a hearing– and once he gets into  the meat of it, as it were, via a hearing he may wonder about the MDA’s failure to reveal the shortcomings of its  undercover officer who supposedly purchased products from Schlangen, but didn’t actually pay for  them  or obtain delivery (as described in my recent post). In a memorandum accompanying his denial of the request to penalize Schlangen, the judge,  Manuel Cervantes, indicated his irritation with, and maybe even mistrust about, the MDA’s approach, when he inquired, “…was the Erickson (undercover  agent) transaction  a sale? If  not,  what additional evidence of food sales by Respondent (Schlangen) does the current record contain…?”

If you look at  the MDA’s filing for summary disposition against Schlangen, you see it  was filed Sept. 28, just eight days after  a Minneapolis jury acquitted Schlangen of three misdemeanor charges,  which  are  essentially the same ones the MDA  is  trying  to get the administrative judge  to  rule in its favor on. The MDA has  thus made absolutely  clear its intention to  find any way possible around the jury acquittal of Schlangen, even if it means filing less-than-truthful affidavits in its campaign to destroy the farmer.

Second, there’s the nearly forgotten case of Morningland Dairy. This is the Missouri cheese maker that  was implicated in  the Rawesome Food Club legalities during the summer of 2010, when a  few  samples  of its  cheese seized in a raid on the food club were found to contain listeria. Morningland fought  efforts  by  the Missouri Milk Board to  force disposal of more  than $200,000 worth of  its cheese, and  eventually  lost in  state  court. The FTCLDF appealed  the  case to an appeals court,  where a  three-judge panel affirmed  the lower court ruling a few months back. 

Now, the FTCLDF is trying to  get the  case heard by  the Missouri Supreme Court, arguing  that the cheese in question hadn’t been tested in Missouri when it was condemned. Moreover, the FTCLDF argues that the trial judge didn’t  properly apply Missouri law to  the  case. 

The odds  are way  against  the FTCLDF, but I  have  to  admire its willingness to explore  every  possible  avenue  to gain a full hearing in  the bitterly contested  case. 

Indeed, I  am very  thankful that  the FTCLDF is  pursuing  these  cases  on  behalf  of small  farms  and  food  producers as fully  as  possible.  I join Ingvar, Deborah, Sylvia and others in extending best wishes to everyone here for the Thanksgiving holiday. And D. Smith, maybe a few glasses of raw milk will speed your recovery from all your festivities.