Please take a moment and watch the following video (from December of 2009), detailing the deposition of Max Kane in Wisconsin, and then read the information regarding the Max Kane case in Viroqua, WI.
The state government has requested he surrender information about the identities of the farmers selling the raw milk in the region where Max lives, and he has refused to do so. Failure to comply with government requests may result in incarceration for Max, taking him away from his wife (who is expecting a child soon) and two other children.
Because of his bravery and determination to guard the rights of others to be able to produce and sell clean food and preserve the 5th Amendment of the Constitution, this young man and father has been deemed an enemy of the state and will face unbelievable consequences for his actions.
From the Raw Milk Party web site:
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, 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, and 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, have 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 10:30am in the Vernon County Court of Wisconsin.
Max Kane’s adherence to a protocol of dietary changes including the consumption of raw milk, Max was able to eliminate symptoms of Crohn’s disease. As a result of his experience and triumph over disease, he was led to defend the rights of citizens around the country to be able to have legal access to raw dairy.
Donations! Please help Max and his family!
For more information, please visit the following sites:
Organic Pastures – the largest organic, raw milk dairy in the United States, located in Fresno, CA
2 replies on “Support Max Kane – Raw Milk Issues and Our Rights To Clean Food!”
Hear is something I posted on the complete patient: David Gumpert didn’t seem to get it back then, when he said raw milk was fragile. Fresh milk is the least fragile and the most difficult to contaminate of all the fresh foods and the so called contaminates themselves are less dangerous than most of the food and drugs that Americans consume on a regular bases.
Yes, DATCP represents the dairy processing industry but they do not work for them they work for us. In America the law is written by the people not by DATCP. The safety of raw milk is irrelevant. Bringing up the constitution is really not necessary and only serves to further sidetrack the main issue. We don’t make things illegal because they’re dangerous and it is not DATCP’s job to tell us what to eat. If the people want raw milk, it’s DATCP’s job to make sure they get it and there’s no law preventing them from doing that. I got this idea from DATCP’s home page under history of DATCP.
As a matter of fact DATCP is actually breaking the law when they interfere with direct farm sales. They also break the law when they interfere with private food contracts. Our regulations were never intended to limit food choice.
The court should keep in mind that DATCP is not representing the people of Wisconsin in the Hershberger case, Vernon is. By law DATCP is an industry representative. Vernon’s food club members are the only ones with relevant testimony. Everyone else has a conflict of interest. If the food club has no complaint DATCP has no case.
Now if you want to talk about safety later, fine, but then that opens the door to all the issues involved here. The first being conflict of interest, then anti trust, and libel. The safety issue is really very simple as long as you stick to the facts.
We are talking about diarrhea. Diarrhea is the most common illness in the world and is not dangerous in and of itself. Diarrhea is only dangerous if it is treated by a medical doctor or if the person is deprived of food and water. Raw milk is the healthiest and safest America food and DATCP’s data does not show otherwise.
If at some point a consumer decides he wants raw milk at his local supermarket than it will be DATCP’s responsibility to see that it is there next week. If we can find a way to safely sell knives and forks and battery acid we can certainly find a way to sell fresh milk whether it is safe to drink or not.
DATCP could have prevented this problem at any point by simply using some common sense.
The court should take the Hershberger case more seriously. This is not a speeding ticket. DATCP stands accused of mass murder and I think we all know they’re guilty. I’m not sure if they’re even denying it.
Why does everyone ignore the raw milk consumer? Is there anyone who truly believes these people are going to all this trouble to get this food for their children just because they think it is safe and beneficial. Considering how sick Americans are isn’t it obvious that they would no after years of drinking raw milk whether it is safe and beneficial or not. Most people know within a few days.