A CLOSER LOOK: PREMISE REGISTRATION DECISION
Wednesday, March 10th, 2010 -- 9:55 AM
Wisconsin has a 4-prong test for determining if a law infringes on religious belief. It?s known as the ?compelling state interest/least restrictive alternative? test.Under the test, Miller Jr. had the burden of proving: 1) he has a sincerely held religious belief; and 2) his religious belief is burdened by application of the state law.
The state all but stipulated to both of those points, and Judge Counsell determined Miller Jr. had met the test.
Then it becomes the State's burden to show they have a compelling interest, and that interest can?t be met by a less restrictive alternative.
Judge Counsell determines the State does have a compelling interest to protect animal health and food safety, but, premise registration isn?t necessary to achieve that end.
In fact, Counsell states premise registration, as currently implemented, has a number of shortcomings and ?provides no advantage, advancement or gain over existing programs and systems.?
For example, he notes the premise registration database is only updated every three years. ?It will never be 100%? accurate, thus animal health officials will still have to go ?door-to-door? in the event of a disease outbreak.
Counsell also lists several less restrictive alternatives and notes Wisconsin already has a code that requires extensive record keeping detailing the purchase, sale or transfer of livestock. He says the state's own testimony revealed these records helped trace the 2007 pseudorabies outbreak to a Clark County farm, even though that farm was not in compliance with the premises registration law.
In short, Counsell believed Miller Jr.?s sincerely held religious belief had been infringed upon, and didn?t believe DATCP officials, who claimed compliance with the law would greatly improve their response times.
This decision is another huge victory for those fighting against ag registration databases. Just last month, the USDA scrapped the controversial National Animal Identification System. A plan to assign a number to all livestock in the hopes of thwarting major disease outbreaks.
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