CA Judge Extends TRO on AB1735 Until May 16, Pending Further Testimony

Today was supposed to be the day a California superior court judge decided heard arguments on whether to turn a temporary restraining order barring implementation of AB1735's coliform standard into a more extended preliminary injunction.

After more than four hours of arguments and testimony, the proceedings weren't anywhere near completion, so the judge, Harry Tobias, extended the temporary restraining order he ordered last month for another three weeks, until May 16, when the parties will meet again at a courtroom in Hollister. "We're kind of like at half time," Gary Cox, the Farm-to-Consumer Legal Defense Fund attorney representing plaintiffs Organic Pastures Dairy Co. and Claravale Farm  told me after the session.

During today's session, Gary and the lawyer representing the California Department of Food and Agriculture argued over procedural matters--primarily whether witnesses should be allowed to testify. In the end, the judge allowed two plaintiff witnesses--Ted Beals, a pathologist, and Ron Hull, a microbiologist--to testify.

As they had at the California Senate hearing on raw milk last week, the two experts testified about the role of bacteria in both triggering and protecting against illness, and how different bacteria play different roles in the human body. They cited research about the importance of probiotics in strengthening immunity.

At the May 16 hearing, the state will be allowed to cross-examine Ted and Ron. It will also be allowed to present its own witnesses. As usual, these matters take longer than expected. The good news, in addition to the extension of the TRO, is that the judge is getting to hear lots of research about the science behind both raw milk and pasteurized milk. That can only help, right?

Comments

[Collette Cassidy, Claravale Farm]

What an absolutely stellar performance today by Gary Cox and our two witnesses, Ted Beals and Ron Hull. As Ron (Garthwaite) said, these guys are rock stars! I do not know how anyone could have listened to these testimonies and not have been changed. Their knowledge about raw milk (or as we’d like to call it now – farm fresh milk) is so extensive, thorough and convincing that you’d have to be determined to remain in ignorance to not learn and be transformed. Unfortunately, it appears that that is precisely what the members of the CDFA team decided to do. And yet if they did have some epiphany, then what would they do? Would they back down and say we won fair and square? Would they say OK, now we get it and risk losing their job or whatever.

Prior to today’s hearing, I was beginning to think that maybe they just really believe everything they’ve been saying about coliform and feces in the milk and blah blah blah and that they really didn’t intend to shut us down. You might say I was having a momentary lapse in judgment. But then Anita Ruud, counsel for the defense, threw this monkeywrench at the end saying that it was unconstitutional for the Judge to make a decision for a restraining order and that it would have to happen in a different court and that in the meantime they would go on enforcing AB1735. She had buried this little tidbit at the end of her brief and didn’t bring it up until the last minute. Gary Cox basically said it was bogus and that she was not interpreting the statute correctly. The Judge bravely held to extending the temporary restraining order until it could be further figured out on May 16th. Thank you Judge Tobias. We think you’re awesome too.

[Anna]

Anyone who has read the book, Mistakes were Made (but not by me): Why We Justify Foolish Decisions, Hurtful Acts, and Bad Decisions will have no problem understanding why the CDFA has dug in their heels on the AB 1735 issues. They staked their ground with AB 1735 and they are digging in; they have to, because they must continue to believe AB 1735 was created in good faith and based on sound criteria. To admit otherwise, would cause them to question everything they do.

[Don]

There are plans underway to flood the town of Mt Holly Springs on May 5 the day Mark Nolt is required to appear in court with supporters of raw milk and those wanting to keep the right to engage in private contracts as provided by our CONSTITUTION. Our Constitution is own life support help us to keep them from pulling the plug if you can. The hope is if enough supports show up MSM can no long ignore this vital issue of FREEDOM. The time of Marks court appearence is not yet know. Don

[Aaron Peterson]

I still want to know what motivated CDFA to push AB 1735 in the first place. I read the 100 year old outdated historical reasons, the battles through the mid-century, and a bunch of more current news, but I have yet to find the current (ideological) foundation for this round of the fight against raw milk. The misinformation campaign by the CDFA and academic shills may preach to the phobic choir, but it doesn't hold up to even shallow inspection. This obvious flimsiness leads me to believe that there is a more substantial - and bad faith - motivation that remains hidden. The way I see it, it's got to come down to either willful ignorance mixed with inherited dogma or big money. Since this circus seems so resistant to methods that usually dispel the former, I'm leaning towards big money being behind it.

Would legitimization of raw milk hurt mega milk producers through competition? Would insightful, holistic standards for dairy end up identifying flaws with pasteurized milk or processed foods in general?