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DATCP WANTS CLARK CO. RULING APPEALED
Thursday, March 18th, 2010 -- 8:31 am
Posted by Riley Hebert-News Director
The Wisconsin Department of Agriculture is lobbying the Department of Justice to appeal a Clark County Circuit Court decision that could put the legality of its mandatory livestock premise registration law in jeopardy.
In the case, an Amish farmer from Loyal said he would not abide by the law, which he said infringed on his religious freedom. Judge Jon Counsell agreed, finding the farmer’s religious beliefs were sincere, and the state failed to show how the law was the “least restrictive” means to protect animal and human health.
In a memo to the DOJ, DATCP’s legal counsel, James Matson, requests assistance in pursuing an appeal, a rehearing or both. One reason cited for the possible rehearing is the USDA dropped their animal identification system proposal since a hearing on the Clark County case was held.
DATCP says they will not pursue an appeal unless the DOJ comes on board.
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