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MILLER ATTORNEY: JUDGE MADE THE RIGHT CALL
Thursday, March 11th, 2010 -- 1:58 pm
Posted by Riley Hebert-News Director
 The State v. Emanuel Miller Jr. has been an interesting case, and it’s probably not over.
That from the attorney representing the Amish man who successfully fought a state law requiring all properties with livestock to be registered with the state.
Bonnie Wachsmuth says she has talked with her client since learning the case was dismissed Tuesday. She obviously agrees with Judge Jon Counsell’s decision.
"The final rung of the burden of proof for the state is the fact that this has to be the least restrictive alternative," she explains. "The statute, as written, has so many flaws; that was probably very helpful to my case. The Court pointed out how it makes this not the least restrictive means of tracing animal disease."
In his decision, Counsell doesn’t mince words saying there is “no concrete evidence that premise registration serves the interest of promoting animal health and food safety better than other alternatives” and even says he didn’t find the testimony of the state’s point man on the law, Dr. Paul McGraw, “believable.”
Despite the major victory, Wachsmuth concedes the decision alone probably won’t force the state to issue milk producer’s permits to those in non-compliance, but notes they would withhold them at risk of another lawsuit.
"I don't think this decision is going to affect that at this point; however, if somebody has their license withheld because of not wanting to register, that could be another case that comes before the court," she says.
Miller Jr. actually has his producer’s permit, but new permits are only issued to farmers who have their properties registered.
Wachsmuth also expects the state to appeal the ruling.
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