One of the reasons so many people from so many different ethnic backgrounds and so many religions get along reasonably well in this country has been the respect engendered by our Constitution’s prohibition on legislating religion. Sure, there are regular efforts by religious extremists to sabotage the First Amendment by forcing prayer in public schools and religious exhibits in public places, but the courts usually stand against the mixing of church and state. 

The key word here is respect. I’ve been struck in reading through the many comments over the last few weeks—aside from the guessing game over Lykke’s occupation and employer—at how respectful most of the comments have been. A lot of frustration shows through many of them, a frustration born of the health and food establishment’s unwillingness to acknowledge the personal right of food choice and the power of diet, in favor of so-called food safety and pharma-based health care.

Tim Wightman’s comment following my previous post is unusually candid in its acknowledgment about the failure of beliefs on both sides of the debate over raw milk and food safety, especially coming from the head of the Farm-to-Consumer Foundation. “We have the tools available to prove what we feel/experience to be true, as long as many from different view points are looking at the same test parameters and agree it is of specific information. That is now taking place…but to blindly say that absolutes exist is not gaining us any favors with those who believe they are entrusted to keep the public safe.”

His implicit appeal for flexibility on both sides is reminiscent of Steve Bemis “11 Great Thoughts,” (see the second group of ten comments) in which he similarly seeks to accommodate the needs of consumers determined to access raw milk, and the needs of regulators charged with ensuring food safety. For example, thought #9 says: “An open, collaborative, transparent and scientifically rigorous approach should be taken by producers, consumers and public health officials in all instances of disease outbreak with a common commitment both to protect public health and to protect continued viability of responsible producers. Public health warnings which are not connected to outbreaks of illness or which prove to have been unfounded, shall be followed by public health advisory followups which are communicated with the same level and extent of publicity as the initial warning, including exoneration of producers as appropriate.”

While Lykke has generally been supportive of at least some of the 11GT, one of the things that’s tough here is that the regulator establishment hasn’t shown itself willing to discuss such matters openly or candidly. Food poison lawyer Bill Marler, who is well connected in the regulator community, has set himself up as the only named anti-raw-milk person willing to have even a semi-dialogue, and he keeps changing his position.

Six weeks ago, he seemed to indicate important flexibility by his side, when he came out in favor of legalizing all sales direct from the farm, with appropriate inspection and labeling. Not my ideal, in completely shutting out retail and other similar sales, but certainly a starting point for negotiations.

More recently,though, he said (via an article in his firm’s Food Safety News) that states should seek to ban raw milk sales.

Maybe he’s trying to play both sides of the fence so as not to alienate the regulators whose support he sometimes needs when he pursues legal cases, but such confusion doesn’t help in potentially seeking out an accommodation to end ridiculous enforcement actions against raw milk producers, and interruption of supply to consumers.

It’s becoming increasingly clear that those of us on this blog pushing the public health and regulatory establishment for changes on raw milk aren’t alone. I’ve said many times that raw milk is a proxy issue for many others, particularly in the areas of health care and food safety. Yesterday’s New York Times contained an important column by David Brooks about the rising tide of frustration with our governing class, becoming known as the “tea party movement.” (Once it’s in the NY Times, it’s “official.”)

“The tea party movement is a large, fractious confederation of Americans who are defined by what they are against. They are against the concentrated power of the educated class. They believe big government, big business, big media and the affluent professionals are merging to form self-serving oligarchy — with bloated government, unsustainable deficits, high taxes and intrusive regulation. The tea party movement is mostly famous for its flamboyant fringe. But it is now more popular than either major party.”

While Brooks doesn’t use the word, I will use it: arrogance. Americans bridle against arrogance by their public officials. It indicates a lack of respect. We are seeing immediate evidence of the ruling class’ fear about the tea party movement with the announcement by Thomas Dodd that he’ll retire from the Senate after nearly 40 years representing the solidly Democratic state of Connecticut. He’s clearly afraid he’ll be overwhelmed by opposition from disaffected voters.

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Michael Schmidt and Mark McAfee pose last month on their way to Wisconsin.On first blush, I like Mark McAfee’s proposal to raise $170,000 for Organic Pastures Dairy Co. from raw milk consumers to buy 100 additional cows to make up for a shortfall in raw butter supplies (which he describes following my previous post). I like it because it hopefully represents a growing trend by food producers to raise necessary financing from their customers.

Michael Schmidt took a similar tack in Canada a few months back when he needed $400,000 to buy back some farm land. He offered his herd share members the opportunity to buy stock in his farm. Some 200 of them invested $2,000 apiece and presto, he had his $400,000.

Now, Mark is seeking loan funds, whereas Michael sought investment money in his farm. I have a preference for equity, since it gives consumers providing money a more direct stake in the food production operation, as well as an opportunity to benefit financially if the operation increases in value.

Speaking of operations increasing in value, I just completed an article for BusinessWeek.com about Amish farmer Amos Miller’s rapidly growing sales of nutritionally dense food.  I wouldn’t mind buying stock in that farm, but alas, he seems to be doing such a gangbuster business he has no need for cash.

In any event, the authorities would be up against a wall if they tried to prevent true farm owners from drinking milk from their own farms.