A NAIS update from
Mary-Louise Zanoni
Canton, New York
315-386-3199
Thursday, June 21, 2007
First Lawsuit Challenging NAIS Premises Registration Filed in Pennsylvania
Today an action was filed in state court in Pennsylvania on behalf of Mennonite farmer James Landis. Landis raises Muscovy ducks at his family farm in Lebanon County, PA and has long participated in the Avian Influenza Monitoring Program of the Pennsylvania Department of Agriculture (PDA). Participation in the monitoring program is necessary for Landis because he sells his ducks to live bird markets in New York City. In April 2007 the PDA notified Landis that he must accept a federal NAIS Premises ID number for his farm, or the PDA would no longer approve his birds for shipment to New York as of June 30, 2007. Mr. Landis has a religious objection which prevents him from accepting the federal premises ID number and he faced the loss of his family’s livelihood because of the PDA’s insistence on compelling him to accept the number.
The PDA has been trying to compel farmers to accept federal premises ID numbers despite the fact that a bill to require premises registration failed to become law during the 2005 session of the Pennsylvania General Assembly. At the federal level, the USDA maintains that its premises ID program is “voluntary.”
I had met Mr. Landis last fall at a farmers’ meeting in Lancaster County where I spoke about the potential problems of NAIS. After the PDA demanded in April that Mr. Landis either accept the federal premises ID or face the loss of his livelihood, he contacted me, seeking legal help. Fortunately we were able to secure assistance from the Alliance Defense Fund (ADF) of Scottsdale, Arizona and ADF-allied lawyer Leonard G. Brown, III of the firm of Clymer & Musser, Lancaster, Pennsylvania.
Since 1994, ADF has been one of the nation’s leading public-interest legal organizations, supporting and pursuing litigation on religious-freedom issues at the trial and appellate levels, including the United States Supreme Court. Leonard Brown and Clymer & Musser have extensive experience in litigating constitutional and civil rights issues at the trial and appellate levels in both state and federal courts. Leonard Brown can be reached at 717-299-7101.
The ADF press release is below and a copy of the complaint is attached.
ALLIANCE DEFENSE FUND NEWS RELEASE
June 21, 2007 – FOR IMMEDIATE RELEASE
CONTACT ADF MEDIA RELATIONS: (480) 444-0020
ADF attorneys file lawsuit to defend Mennonite against government bureaucracy
Dept. of Agriculture tries to force Mennonite farmer to submit to having a federal identification number
HARRISBURG, Pa. — An Alliance Defense Fund allied attorney filed a lawsuit Thursday against the Pennsylvania Department of Agriculture for its attempts to force a local farmer, James Landis, to submit to having a federal identification number in order to continue to do business, in violation of Landis’ religious beliefs.
“Mr. Landis has complied with all of the necessary governmental requirements. The government should not threaten to take his 20-year business from him simply because submitting to this one new unnecessary requirement would cause him violate his religious beliefs,” said ADF-allied attorney Leonard Brown of the law firm Clymer & Musser. “This is a reasonable accommodation for the government to make.”
Landis, a Mennonite, has raised ducks on his Lebanon County farm for export in live bird markets in New York for the past 20 years. He voluntarily participated in the Pennsylvania Department of Agriculture’s avian influenza monitoring program as a requirement for selling flocks into the live bird market system. But this year, the Pennsylvania Department of Agriculture added a new requirement, mandating that each person register for a federal identification number for enrollment in the monitoring plan. This federal number, or “premises identification number,” is the first step in a program called the National Animal Identification System, or NAIS.
In April Landis received a letter from the Pennsylvania Department of Agriculture regarding the new requirement, ordering him to register for the federal premises identification number, in violation of Landis’ religious beliefs, or face exclusion from the New York live bird market. Landis contacted New York lawyer Mary-Louise Zanoni, a well-known critic of the constitutional problems of the federal identification program, and Zanoni referred Landis to ADF and ADF-allied attorney Brown.
ADF sent a letter to the Pennsylvania Department of Agriculture informing them of Landis’ constitutional rights, but received no response.
“The Pennsylvania Department of Agriculture’s new identification number requirement is simply another layer of bureaucracy and it is unnecessary for them to force a citizen to violate his sincerely held religious beliefs,” said Brown. “It would be easy for the Department of Agriculture to accommodate Mr. Landis with regard to this additional requirement–and it should, in order not to violate his civil rights under the Constitution.”
A copy of the complaint filed with the Commonwealth Court of Pennsylvania in the case Landis v. Wolff can be read at link.
ADF is a legal alliance defending the right to hear and speak the Truth through strategy, training, funding, and litigation.
Visit: www.telladf.org
Update: 2007-06-22
James Landis,
Petitioner
V.
Dennis Wolff, Secretary,
Pennsylvania Department of Agriculture,
Respondent
No. 307 M.D. 2007
NOW, June 22, 2007, the above complaint shall be regarded and acted upon as a petition for review addressed to our original jurisdiction. See 42 Pa. C.S. §761.
Hearing on petitioner’s motion for a preliminary injunction is scheduled for June 28, 2007, at 9:30 a.m., in courtroom Number One, Fith Floor, Irvis Office Building, Harrisburg.
[signed]
Kieth B. Quigley, Senior Judge
God Bless Mr. James Landis and his family for undertaking what will no doubt be a long and protracted litigation against the PA Dept. of Agriculture!
God Bless Dr. Mary Zanoni for (apparently) helping Mr. Landis to find legal help!
PA Dept. of AG has been waging a slow but sure circumvention around the law. THERE IS NO LAW IN PA THAT REQUIRES PARTICIPATION ON PREMISE ID!!
But that has not stopped PDA from proceeding with premise registration. They use the prestigious Penn State University to help them in this effort!
PDA continues to try and dis-associate the premise registration program from the USDA NAIS…but many of us have been wise to this sham of justice for some time.
We have tried to sound the alarm to our fellow PA farmers, ranchers, live-stock breeders and homesteaders about the impending storm.
Perhaps this lawsuit will be a catalyst for action by those who would not listen to our many earlier warnings.
Neil W.
Comment Neil W. — June 22, 2007 @ 11:30 am
I can’t wait to hear PDA’s response. Whenever they were questioned about premise ID violating religious rights, they responded with “we’re working with the Amish”, or they “already have herd numbers.” Mennonites are not as strict as the Amish, but they are equally upset with the concept of premise ID. PDA is being dense if they haven’t understood that up til now. They’ve been issuing premise IDs to every licensed veterinarian and any livestock owner already enrolled in a disease control program. They’ve assumed they have the right to force this down their throats without any enabling legislation.
I hope Mr Landis becomes a rallying point against the unConstitutional rules that our government and its agencies feel empowered to enforce on our nation.
Comment Barbara — June 22, 2007 @ 12:23 pm
Yes! Go Mr. James Landis - I wish him much luck and success in this lawsuit! Maybe this will help other states see the light that forcing premise ID, animal ID & tracking is not only unconstutional but intrusive of privacy!
Comment Raina G. — June 22, 2007 @ 1:37 pm
THIS SHOULD BE A CLASS ACTION LAW SUIT
Comment Monte Waldron — June 22, 2007 @ 2:25 pm
Everybody who farms in PA needs to be at the court house on June 28. That is showing support and the judge needs to see the people in numbers.
Comment Gisela — June 22, 2007 @ 4:51 pm
Good point Gisela about showing up on the 28th. It wouldn’t hurt if in addition to showing up at the court house to support Mr. Landis a few picketers with signs stood out side…might get some press for the good guys and
put a little egg on the face of big brother et al.
…maybe somebody could talk to the local newspaper and see
if they’ll be covering this one.
It’ll be real interesting to see how the judge rules or if it will go to a higher court…please keep us updated anyone that attends.
On a totally different note
Solar Fest will be held in Tinmouth, Vt. in mid July. I’ll probably go and bring some flyers and bend an ear or two…got to get my NoNais folder together and start enlighteneing some uninformed. I’ve been slacking on pinning up posters etc. lately. I’d like to encourage everybody else to do the same in their area this summer at any event where sane people gather.
Comment Bob Constantine — June 22, 2007 @ 7:08 pm
Walter you have a huge mailing can you send one out to get the people in PA to attend..? How about the surrounding states. Honestly people the NONAIS group has got to get UNITY, you need to show numbers, like the illegals did…If Texas can get a rally together Pa can…
Comment Gisela — June 23, 2007 @ 1:17 am
Great news! We still need someone to challenge Wisconsin’s premise I.D. law. On a related note,state Rep. Al Ott (one of the stauchest defenders of premise I.D.) has introduced a bill in the state legislature (AB 293) that will allow tax assessors to enter private property without the owner’s consent. While they’re there I’m sure they could look around for farm animals and probably issue you a premise I.D. number if you don’t already have one. How convenient! State Sen. Roger Breske has introduced a corresponding bill (SB 148) in the state senate.
Comment Jane — June 23, 2007 @ 1:34 am
Wisconsin…Assessors enter private property without owners consent? I think that’s called trespassing, or breaking and entering…both dangerous activities if the home owner has any interest in defending his property rights. The IDIOT that has introduced that bill needs a swift kick in the pants!
What’s next in their never ending quest for more “revenue”
stealing your kids piggy bank?
Comment Bob Constantine — June 23, 2007 @ 6:18 am
This is GREAT news! I am so glad this person is getting help. I called ADF Feb. 06 (they have a file) and they said they could not help me in the case of NAIS but when I called them back yesterday to thank them for taking on this Landis case, they said they would reopen my file. (but they can only help after the fact, after rights, const. or relig. have been trampled) I told them I am more interested in preventing mishaps with NAIS. They were very sympathetic this time and listened now more closely to what NAIS is and how it will negatively affect millions of Americans and told them this case would be closely followed by those of us under risk of being trampled on by NAIS and that many stand to lose their livelihoods due to this program. I thanked them for taking the case and urged them to research NAIS by going to the various websites that are fighting NAIS, such as this one. They said they would. Perhaps if they heard from more of us they would realize the serious threat of NAIS to all Americans…
www.alliancedefensefund.org
Comment SUSAN — June 23, 2007 @ 7:34 am
One lives in hopes of nationwide class action suit. Even though premises registration is “voluntary” for the moment the bribery, coercive and often sneaky tactics being used are surely of questionable legality. The law itself violates the privacy and property rights of every American as surely as it violates the religious freedom of the Amish, the Mennonites and every Christian in this country. I am certain that it devalues property because I am shopping for a new home and will verify that any property I consider does not have a premises ID. Any property that does will be immediately crossed off the list of possible choices.
Few of us could afford to sue the Federal government, but a hundred thousand of us could.
Comment Patricia Hampton — June 23, 2007 @ 10:19 am
Does anyone know more about what is happening in Wisconsin with the Dairy farmer who was threatened with loss of licensure and jail time?
What is the status of that situation?
Also, what about the family that was trying to opt-out of premise id. Any news?
Comment Valerie — June 23, 2007 @ 12:21 pm
I am glad that this gentleman has the brass to challenge the PDA.
They finally stepped on someones livelyhood and threatened them with extinction,this should be enough to get some of these groups who won’t act until someones rights are actually violated to step into this fray now,heres hoping!
Maybe now some of our deadbeat polyticks will wake up in this state of confusion and work with us to protect folks like this from the Wolfe.thanks.
“Live free or die tryin”
Comment LEE — June 23, 2007 @ 8:19 pm
One thing we must guard against is the age old tactic of divide and conquer.
I stand 1000% behind this fellas religious right to not be numbered,I also know that the state COULD accept his argument and exempt Amish and Mennonite and other orders from this program as a tactic to win public support for shoving it on everyone else,
thus rendering equal protection under the law an invalid concept much as habius corpus has been.
I too have deeply held beliefs and convictions,some perhaps religious,some not,I firmly believe govt is a useless and destructive entity with whom I will have no voluntary relationship with,they must force me to relate to them,
otherwise I choose not to aknowledge them, I firmly believe in the liberty of man,in the right to be left alone and unmolested,most of y’all feel the same I’m sure.
We must be vigilant to watch that the govt does’t pull a fast one on those of us who have different beliefs or belief systems from others whether we be agnostics,athiests,christians or none of the above, whether we are horse people or goat people or just a chicken keeper or we own a large assortment of everything.
We all were born with certain inalienable rights and we must stick together and watch each others backs,cause if govt can shaft the least of us we all will feel it sooner or later.thanks.
“Live free or die tryin”
Comment LEE — June 23, 2007 @ 8:42 pm
Back pedaling already:
Mennonite’s Lawsuit Prompts Pa. Officials To Admit Error
June 22nd, 2007 @ 8:54pm
by Associated Press
HARRISBURG, Pa. - The state Agriculture Department acknowledged Friday that it erroneously advised Pennsylvania poultry farmers they were required to enroll in a voluntary federal farm-registration program in order to participate in the state’s avian-influenza monitoring program this year.
Spokesman Christopher Ryder said officials realized the error only after the department was sued by a conservative Mennonite farmer who claimed he would suffer “eternal damnation'’ if he complied with the rule and got a federal registration number to continue to sell his ducks.
“Apparently, they changed their mind at the last moment,'’ said James Landis, the Lebanon County farmer who filed the lawsuit.
Read the rest here
Comment Henwhisperer — June 24, 2007 @ 4:53 am
It was no error on PDA’s part. They knew this would happen, but proceeded anyway. Saying it was an error is damage control. They finally realized this could blow up in their face.
Comment Barbara — June 24, 2007 @ 8:20 am
I hope James Landis doesn’t drop his suit. He needs to pursue it to the end. The fact doesn’t change that they have trampled his rights–whether it was and “error” or not.
Saying they “realized the error only after the department was sued” is like saying you didn’t realize it would be wrong to pull a fire alarm when there was no fire, until after the bell was ringing.
It’s a shame we have to have our rights violated at all in order to have any sort of justice in this world.
Here’s to hoping Ag Departments around the country back down so easily when faced with the overwhelming reality– no one that matters wants NAIS!
Comment Podchef — June 24, 2007 @ 9:09 am
HA! what a bunch of liars!I know they think we are stupid but this is rich.
An error?? these PDA goons knew exactly what they were doing and planned to keep doing it until MR. Landis bit them back, and they never would have quit if he hadn’t,unfortunatly they will just change tactics,
PDA doesn’t want this sort of thing on their plate so they claim “It was an error” ya right!
They send out stuff like this all the time and see if folks are gullible enough to sign up,if they do they gottcha,if not then they “infer” that you will not be able to “participate” in something else without this number,and as far as it is a number from Mordor I can agree it is a mark of a beast,a sick twisted beast that eats its victims whole after shredding their lives.
That said, I am pleased to see them admit that they can not force participation in this “voluntary federal program”,
Now maybe someone who recieved a premise ID # against their will can file a lawsuit against them and /or the group that made them get a number to be able to show at the fair or at a show or get-together someplace,
folks in Wis.(or any place that made you participate)this may give you some ammo,after all it has been spoken out of the ag dept of Pa. that they can’t force you in,seems to me no one else can either,
maybe Mr. Landis will go forward with his suit and it can be established that people can not be forced to do this,it could help.
PDA is wanting this program very much,and a defeat handed to PDA would reverberate all the way to Mordor on the Potamic.
My personal thanks to all who worked to help stop this thus far,thanks!
“Live free or die tryin”
Comment LEE — June 24, 2007 @ 9:44 am
This is one more example of our rights as tax paying citizens being denigrated.
It is happening all over the country. Some small cases, some huge cases!
We have at least 3 big cases. 2 involve horses. 1 involves cattle. All 3 to the best of my knowledge are overbearing government officials trying to intimidate, coerse and harrass folks into a tree hugging, PETA supporting stance and way of life.
I hope it does get to a class action lawsuit.
If we as citizens do not stand up for ourselves who will? By the people and for the people. What ever happened to this notion?
Comment Michigan — June 24, 2007 @ 11:24 am
#19 could you tell us more re: the 2 horse issues and 1 cattle issue that you mentioned? Is this just for Michigan?
Comment The Phantom — June 24, 2007 @ 1:31 pm
Does the Avian Influenza Monitoring program use a numbering system (account#, flock#,permit#, file#, etc)?
Comment R W Smith — June 28, 2007 @ 9:31 am
Re: Comment #19 Michigan, I would like very much to hear more about the three cases you mentioned. If you can provide links (etc.), all the better!
Comment Richard O. — July 6, 2007 @ 3:20 pm
Equity Livestock Coop is now asking for premise ID numbers. Act 17 that created premise id require that anyone collecting information must be liscensed and contracted by the state and show the necessary security provisions to comply with state statute. The coop in the last year has failed to take the trucking out of the check once and mailed me a check issued to a trucking firm. Icould have cashed it but I sent it back. To honest I guess that why I don’t fit in.
Comment p griepentrog — August 30, 2007 @ 7:21 pm
You might want to check out “The last stand of the man from Shady Knoll Farms” on You Tube
Comment p griepentrog — September 8, 2007 @ 11:54 am
Walter, I have been accepted as WI’s representitive to the r-calf animal id commitee. I would be open to help or comments from the good folks at no-nais.
Comment Paul-Martin:Griepentrog — December 12, 2007 @ 8:35 pm