The attorney representing David Berglund and Lake View Natural Dairy, Zenas Baer, addressed a roomful of people following the court hearing held March 9. The Minnesota Department of Agriculture attempted to convince the judge that it had the right to inspect the dairy because Berglund sells raw milk and raw milk products. Judge Cuzzo said he would take up to 90 days to come back with a decision on the matter.
Got milk?
Dave and Heidi Berglund’s 150 to 200 supporters at the public hearing at the Cook County courthouse on March 9 breathed a sigh of relief when Sixth District Judge Michael Cuzzo denied the state’s request to inspect Lake View Natural Dairy until he had reviewed the case presented to him.
Until further notice, milk, skim milk, cream, eggs, butter, beef, cookies, and yogurt can be sold at the 700- plus acre farm.
Due to the complexity of the arguments presented to the court by Zenas Baer, the attorney representing David Berglund, Judge Cuzzo said he was granting a stay of contempt of court charges while he sorted through the “very extensive and complicated” arguments presented by attorney Baer who spoke for roughly 50 minutes during the hearing. Minnesota Assistant Attorney General Kimberly Middendorf, the Minnesota Department of Agriculture (MDA)’s representative, spoke for about 10 minutes. Judge Cuzzo said he would present his findings in 90 days or less to determine whether or not the MDA has the right to inspect Lake View Dairy.
Before the judge’s ruling, Middendorf asked to narrow the scope of the hearing to limit it to determining whether or not Berglund could be found in civil contempt or not. A previous court had found Berglund in contempt, but Judge Cuzzo said he was “staying the order of inspection” previously issued and told Middendorf that the previous order could not be used by the MDA to inspect Berglund’s farm.
Last October the state contacted Berglund when it learned that he was selling raw milk and raw milk products at Lake View Natural Dairy. The state contended that Lake View Natural Dairy must undergo inspection to ensure its products were fit for human consumption, but Berglund argued that his constitutional rights were being violated, citing a law enacted by the Minnesota Legislature in 1906 that allows a farmer to sell his farm products without a license.
The MDA then sought to have the court fine Berglund $500 per day until he complied with the inspection order, and possibly pay all of the state’s legal costs if he loses in court.
David Berglund, who didn’t speak in court, afterwards thanked his family’s supporters, many who were unable to be in the courtroom, but were instead lined up in the hall outside, down the stairs and in the Cook County Commissioners’ room downstairs. Many people stood for an hour awaiting the judge’s decision.
Attorney Baer gave the crowd a run down of the hearing and took questions from concerned citizens. These are the same people who frequent the farm to purchase unpasteurized milk and other products the family sells.
The business is open seven days a week, 24 hours of the day. Customers usually serve themselves and leave their money in a bucket. A small tabby cat is sometimes around to greet you and likes to be petted, but don’t pet her on the left backside or you might get a small friendly nip.
While the state argues that raw milk can make people sick, no one has reported any illness associated with products purchased from the Berglund farm. Doug Schultz, CCPH, Communications Office of the MDA, said, “I don’t have the 2014 numbers on hand, but in five years from 2009-2013, [statewide] there were 263 individuals diagnosed with enteric pathogen (a bacteria or virus that affects your stomach/intestines/bowels) who reported raw milk consumption during their exposure period, that is during the period that they likely would have been exposed to a pathogen.”
Greg Gentz, a former Minneapolis and Cook County police officer knows the risks of drinking unpasteurized milk and accepts them, his love of raw milk overcoming any perceived danger. As a patron of the farm, Gentz has done a lot to raise awareness about the trials and tribulations the Berglunds are going through.
“The state’s argument that they wanted the case to be limited in scope, that was obviously completely rejected by the judge,” said Gentz.
“The judge tried to narrow Baer’s arguments, however, Baer fought like a tenacious cat to get those arguments in. The fact that Judge Cuzzo let the court case go over by over 20 minutes says a lot about him. Judge Cuzzo’s patience was admirable,” said Gentz.
Baer told the crowd that he wouldn’t be surprised if this case goes all the way to the Minnesota Supreme Court, which could take three to four years.
In the meantime, the Berglunds, who run the only dairy farm that sells raw milk products in Cook County, are working day and night to keep the lights on and the 75 to 80 cows milked.
“They need help to keep the fight going. They need you to donate to their legal defense fund, to shop at the farm,” said Gentz who has a blog set up for Lake View Natural Dairy at www.supportlakeviewnaturaldairy.org.
“People want to know why I am doing this. It’s not because I’m not a milk advocate or a raw milk advocate. I’m doing this for my kids. We can’t will our constitutional rights to our children. We have to fight for them every day. Every day we have to fight for our individual rights and freedoms. That’s what I am doing. That’s what David is doing.”
On his blog, Gentz shares a link to the Organic Consumers Association fundraising page that has been established to donate to a legal defense fund for the Berglund farm. A March 5 blog entry titled Lake View Natural Dairy Fund Goes Live takes supporters to the donation page.
Gentz writes, “We need people to spread the word, share these posts and articles with anyone you choose. Contribute to the fight and the farm costs of everyday operations that are also mounting…We are all preparing for a long protracted court battle.”
For more information
If you would like more information about the legal questions surrounding dairy farm operations or about unpasteurized milk, visit these websites:
. A Campaign for Real Milk: www.realmilk.com
. Farm-to-Consumer Legal Defense Fund: www.farmtoconsumer.org
. Nourishing Liberty: www.nourishingliberty.com
. Minnesota Department of Agriculture Dairy & Food Inspection Division: www.mda.state.mn.us/about/divisions/dairyfood.aspx
. U.S. Food & Drug Administration Raw & Pasteurized Milk: www.fda.gov/Food/ucm293042.htm
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