Showing posts with label licensure laws. Show all posts
Showing posts with label licensure laws. Show all posts

Thursday, December 25, 2008

Government Officials Attack Organic Family Co-op; Outraged Because Their Permission Is Not Required

Headline: Organic food co-op raid sparks court case against health department, ODA "Legal action has been taken on behalf of a Lorain County farm family that says a raid on their property earlier this month violated their constitutional rights."

Some may see this as a blip on the radar screen and wonder what all the fuss is about. Most of these government abuses occur with no media fanfare or attention, but each one is a supreme violation of the RIGHT to life, liberty and property. Our Forefather's founded an entire nation on these rights. Those who simply shrug when their neighbors are violated in the way the Stowers have been are part of the problem. Silence is tantamount to consent. History teaches us that eventually bureaucratic thugs will come for you as well -- precisely because you failed to speak out when it was your neighbor and not you.

"Why should I care? They eat organic food and I do not."

The government counts on this attitude from the general population. It's precisely what makes tyranny possible. This is also why democracy is a dangerous form of government, as it affords little protection for those in the minority. The vast majority of Americans do not lead lives like John and Jacqueline Stowers of LaGrange, Ohio. In a constitutional republic, as long as you violate no one else's rights, you remain secure against unreasonable search and seizure. How reasonable was the DOA armed raid on the Stowers family home? Well,

"The county says the Stowers need proper licenses to operate their retail store in accordance with state food safety rules."

The problem is that the Stowers do not run a retail store. Their "real crime" may not be a statutory violation at all, but a simple statement of fact -- a fact that may have upset a low level Ohio Department of Agriculture bureaucrat. The Stowers had the "audacity" to ask for clarification as to DOA's contention that they needed a license. Even worse,

They brag on the Internet they don’t have anything to do with the government, but they’re selling perishable products to people, and that means they need a license,” said Scott Serazin, an assistant county prosecutor.

I was not aware that any state in the nation had codified a statute against making public the fact that you do not need government permission to engage in some activity or another. I have said and written many times that the worst thing you can tell a welfare recipient (i.e. government worker) is that "their permission is neither requested nor required." That burns 'em up bad.

Although excessive pride may be a sin, being proud that you operate outside the purview of government is not a crime. So why were the Stowers facing down the barrel of a bureaucratic gun?

Government has a monopoly on the use of force, so if you piss off a bureaucrat, his corrupted mind utilizes the corruption inherent in government to get even with you. It matters not how much you dislike big box retailers, they cannot send armed SWAT teams in to make you do business with them. However, government -- local, state or federal -- controlled by Democrats or Republicans -- tends to send out the big guns to keep you a "loyal customer," whether it is lawful or not.

Licensure is a tool used by artificial creations of the state (corporations) to limit or eliminate competition while currying special favors from politicians purchased through lobbying and campaign contributions. Will you allow the Stowers family to be victimized in this way? Will you be next? Or will you lead the path back to freedom?

Wednesday, December 17, 2008

Raid on Family's Home and Organic Food Co-Op Challenged

Do you think we might be talking about this story on radio this week?

Columbus - The Buckeye Institute's 1851 Center for Constitutional Law today took legal action against the Ohio Department of Agriculture (ODA) and the Lorain County Health Department for violating the constitutional rights of John and Jacqueline Stowers of LaGrange, Ohio. The Stowers operate an organic food cooperative called Manna Storehouse. ODA and Lorain County Health Department agents forcefully raided their home and unlawfully seized the family's personal food supply, cell phones and personal computers. The legal center seeks to halt future similar raids. The complaint was filed in Lorain County Court of Common Pleas.

"The use of these police state tactics on a peaceful family is simply unacceptable," Buckeye Institute President David Hansen said. "Officers rushed into the Stowers' home with guns drawn and held the family - including ten young children - captive for six hours. This outrageous case of bureaucratic overreach must be addressed."

The Buckeye Institute argues the right to buy food directly from local farmers; distribute locally-grown food to neighbors; and pool resources to purchase food in bulk are rights that do not require a license. In addition, the right of peaceful citizens to be free from paramilitary police raids, searches and seizures is guaranteed under the Fourth Amendment to the United States Constitution and Section 14, Article 1 of the Ohio Constitution.

"The Stowers' constitutional rights were violated over grass-fed cattle, pastured chickens and pesticide-free produce," Buckeye Institute 1851 Center of Constitutional Law Director Maurice Thompson said. "Ohioans do not need a government permission slip to run a family farm and co-op, and should not be subjected to raids when they do not have one. This legal action will ensure the ODA understands and respects Ohioans' rights."

On the morning of December 1, 2008, law enforcement officers forcefully entered the Stowers' residence, without first announcing they were police or stating the purpose of the visit. With guns drawn, officers swiftly and immediately moved to the upstairs of the home, finding ten children in the middle of a home-schooling lesson. Officers then moved Jacqueline Stowers and her children to their living room where they were held for more than six hours.

Such raids are beyond the scope of the purely administrative authority delegated to ODA and county health departments. In enforcing licensure laws, these agencies are only permitted to contract for routine enforcement services. Forceful raids and sweeping searches and seizures are not routine, and exceed the authority granted to ODA and county health departments.

The Buckeye Institute seeks an injunction against similar future raids, and a declaration that such licensure laws are unconstitutional as applied the Stowers and individuals like them.

There has never been a complaint filed against Manna Storehouse or the Stowers related to the quality or healthfulness of the food distributed through the co-op. The Buckeye Institute's legal center will defend the Stowers from any criminal charges related to the raid.

A copy of the complaint is available at http://www.buckeyeinstitute.org/stowers.pdf. A video of the Stowers describing the raid is available here

The Buckeye Institute for Public Policy Solutions, together with its 1851 Center for Constitutional Law, is a nonpartisan research and educational institute devoted to individual liberty, economic freedom, personal responsibility and limited government in Ohio.

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