Wisconsin Ag Connection - Hearing Set For Clark County Premises ID Case Involving Amish

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Hearing Set For Clark County Premises ID Case Involving Amish
Wisconsin Ag Connection - 07/20/2009

A circuit court judge in Clark County has spelled out the next steps in the highly anticipated case that pits the Amish against the State of Wisconsin in a dispute that could have ramifications over a proposed national animal identification system. According to WCCN Radio, Judge Jon Counsell said he first wants the state to establish the facts of the matter, which don't appear to be in dispute. He will then hear arguments on a motion to dismiss the charges in Neillsville on September 23.

Last December, Clark County District Attorney Darwin Zwieg cited Emanuel Miller Jr. of Loyal for failing to comply with Wisconsin's Livestock Premise Registration law. Filed as a complex forfeiture, not a criminal matter, Zwieg alleges that Miller hasn't complied with the law requiring livestock owners to register their property with the Wisconsin Department of Agriculture.

While state officials say the law is meant to simplify a response to disease outbreaks, many Old Order Amish farmers refuse to comply, saying it is just the first step toward the eventual tagging of all animals, or the 'Mark of the Beast.'

Zwieg says he wants to see if the law passes Constitutional muster and believes this is the first time the issue has been tested in court. Black River Falls attorney Ken Artis is participating as a Friend of the Court on behalf of the Amish, who are reluctant to seek legal help. He's filed a motion to dismiss the case and plans to seek assistance from an attorney from New York.

Meanwhile, the radio station reports that Clark County has dozens of farms that are reportedly not in compliance with the rule. As part of the law, anyone who keeps, houses, or co-mingles livestock must register their premises with the state of Wisconsin. Penalties can include a denial of state licensing for selling farm products commercially.