DATCP: JUDGE'S RULING DOESN'T EXEMPT AMISH FROM PREMISE REGISTRATION
Monday, August 23rd, 2010 -- 12:03 PM
We?ve got an update on the Wisconsin Department of Agriculture?s premise registration law.The law requires anyone who keeps, houses, or co-mingles livestock to register their premises with the state. Amish farmers and others have refused to comply, saying the rule infringes on their religious beliefs. A Clark County judge agreed and dismissed a civil forfeiture against Emanuel Miller Jr., a Loyal area farmer.
But, DATCP spokesperson Donna Gilson last week said the Circuit Court ruling doesn?t ?grant a blanket exemption for all Amish farmers.? Basically, DATCP says everyone except Emanuel Miller Jr. must still comply.
"It's just the way the law is," Gilson said. "A decision in a county circuit court applies only to that case. Right now, the ruling only applies to Mr. Miller in Clark County."
But, Judge Jon Counsell?s ruling didn?t mince words stating the law violated the Amish?s constitutional rights. Gilson acknowledges that and says DATCP is exploring if eventually exempting certain groups would be prudent.
"Yes, we are looking at what our options are from this point," Gilson says.
Those who don?t comply face fines, and in extreme cases, criminal charges. More consequentially, new farmers aren?t granted producers licenses unless their property is registered.
Gilson says DATCP didn't pursue an appeal of the Clark County decision because, if an appeals court upheld the decision, it could have a greater impact on the law.
Feel free to contact us with questions and/or comments.