See these dangerous looking “feral” pigs? In their PENS? Keep that picture in mind as I tell you about the Mark Baker court hearing today… (Don't miss more pictures at the end of the post.)
What an exciting day! As I wrote about earlier this week (Stand With Us and Help Save the Baker Farm), a bunch of us, more than I ever DREAMED, went up to the Missaukee County Courthouse in Lake City, Michigan for the Baker Farm hearing today. There were well over 215 people there, and that wasn't even counting all those waiting outside who couldn't get in! (See the Baker's blog post on today's hearing here.)
Thank you all who came, for standing with the Baker family in fighting these ridiculous rulings and fines. This isn't the best quality picture, but Mark's face melted me as he humbly thanked everyone for coming out for them today.
So here's what went down in the courtroom, or the main parts anyway. It wasn't easy to hear so it was tricky catching everything…
The attorney for the DNR started (with a nervous, shaky voice, I might add) by stating, “Our primary goal is to rid the state of Russian boars.” Then she went into other side issues that weren't even the point of why we were there, not in my mind anyway.
The Baker attorney did a great job. She was very clear and presented the facts well:
- “Mr. Baker respects the law, is a veteran of the U.S. Air Force, and has spent the better part of his life defending the laws of our constitution. The DNR seeking $700,000 against this farm is outside the realm of comprehension. I looked at other agricultural fines and the closest I could find was a concentrated animal feeding operation and that farm has been getting violations for things like dumping bloody water into creeks, and this has been going on for over a decade. That case is JUST NOW touching the $700,000 mark in fines. For the DNR to assert in any way that this is somehow comparable is outside the realm of reason. It’s a harassment of my clients.”
- “Meanwhile my clients are trying to run a farm and raise a family, to have this fine hanging over their head is ridiculous, it shouldn’t even be on the table.”
- “The Bakers have been farming 15 years and there has never been a violation of any law EVER, their practices are sustainable and humane, they raise poultry, cows, and do raise swine that they have sold to restaurants as far as Chicago and Indiana. These swine are a mix of Mangalitsa and a bit of Russian mixed in. This is because the Mangalitsa breed is too fragile for the Michigan climate, and a little bit of Russian makes them more winter-hardy, they are pasture fed, and these are the key elements to the Baker's successful swine operation.”
- “The main problem is that the DNR is ignoring the language in their own order that says, ‘This order is not intended to affect domestic hog productions' – that is the exact wording. The National Invasive Species Counsel says that invasive species are NOT those under human control or domestications. That same paper says that different animals of the same species can be feral AND domestic. The same species, but they're not regulated in same way. The DNR is taking the position that all these animals are somehow the same, but it is their living conditions that determine whether they’re feral or not.
- “Every pig in Michigan is a decendent of the Russian wild boar/Eurasion wild boar.”
- “A veterinarian submitted in a deposition that domestic hogs and wild hogs and feral hogs are all one and the same and if the DNR intends to enforce this Invasive Species Order, all hogs, wild and domestic, must go, they're all the same species.”
- “They may argue that if the pigs escape, they’ll become feral, but it is well known that any pig can become feral, any pig on any farm if let loose, they’ll forage, roll in the mud and become feral to survive, there is nothing unique about the Baker's hogs. If they got loose, they’d become feral, so would every pig in the state of Michigan.”
- “After the ISO came out the DNR issued a ruling to differentiate which pigs are involved by characteristics. These are useless. They say that the ISO pertains to pigs with curly or straight tails. Erect or floppy ears. All pigs have one of these! This attempt failed at helping farmers understand which pigs come under the ISO.”
- “The DNR is asking Mr. Baker to disclose every instance of when one of his hogs escaped, were released or otherwise out, the answer is NONE, never. So to link Mr. Baker’s pigs to their need to control feral pigs, there is no logical need, they’re under their control and have never been outside their control in 15 years.”
- “The Bakers are the only family farm in Michigan with any issue with the DNR. They are being targeted somehow and treated differently from others, maybe because they fought the order from the beginning. But in our democracy those are traits to be commended.”
- “This has cost the Bakers immensely, they've lost customers, they had to cull a herd of pigs because they were unable to sell them; Butchers refused and restaurants got scared off. This is a real problem when trying to run a business.”
The DNR attorney responded to this with more statements that didn't make a lot of sense. So I called Pete from the Farm to Consumer Legal Defense Fund, who I sat with today, to make sure I got it right. Apparently there was wording added into the ISO regarding “Sus domestica” – which Pete says is just a fancy way of saying a ‘domestic pig'. Apparently this wording was added “for clarity” at the request of the Michigan Farm Bureau. (When the DNR attorney said this the whole crowd groaned.) It didn't bring any clarity, though, because their experts and the Baker's don't agree on what that means.
The judge closed by saying, “Obviously this has attracted a great deal of attention by the public. I will take these matters under advisement and render a written opinion, but this is very complicated, with many legal theories to look into, which is all too cumbersome to do here from the bench. There are other pending cases, and how this is ruled will at least be of some interest to these other proceedings. I'll try to do so in a timely manner, but this will be an ambitious task.”
Pete believes this will go to trial. If so, the date is already set for August 27th, but the question is whether they'll stick to that or not once the judge submits his written opinion.
All along the judge made observations and comments that came off like he actually had common sense, it was very refreshing, so I have great hope that he may just throw the whole thing out! Maybe I've got my head in the clouds, but a girl can dream of justice, right?
Either way, there are already a lot of legal bills, so please donate to the Farm to Consumer Legal Defense Fund as they'll help the Bakers and other farmers to fight these fights! DONATE HERE.
I'll close by sharing a few more pictures from today…
Here's another one of the scary ‘feral' animals at the Baker farm:
Here's the cute sign you see as you turn the corner to their farm:
I got to hang with some real foodie rockstars today, right here in Michigan. How awesome is it the way these people come when their support is needed? From Kentucky and Washington D.C. and all over! As I mentioned, there was Pete from the Farm to Consumer Legal Defense Fund and author/activist Kathy Pirtle, also John Moody, who you'll remember from my post, Be Ready for the Men with Guns – How to Prepare for a Raid.
Speaking of real foodie rockstars, if you were following today on social media at all, you probably noticed the hashtag we were using. Eddie, the social media guru, came up with it: #HogWashHearing – cute, huh? Eddie helps Liz Reitzig, co-founder of the Farm Food Freedom Coalition, stomp out abuses against small farms everywhere. Today when the judge began, and whoever it was called out, “All rise!”, Liz stayed seated. I asked why and she said, “I don't stand on principle.” Don't you want to hear more from her? I do, that's why I asked if she'd do a guest post for me to tell us more. 🙂
Here's blogger and chapter leader, Sally Oh, myself and Liz (the sun was in our eyes, today was a gorgeous Michigan day!):
Randy Zeilinger says
Here is another farm story regarding small farm operations:
https://www.mininggazette.com/page/content.detail/id/530728.html
And another:
https://www.wwmt.com//shared/news/features/top-stories/stories/wwmt_family-fears-farm-jeopardy-12428.shtml
Large farm or small, knowing where you get your bacon and eggs is important.
Michele Kossack says
When corporations and their “special interest” lobbies make the rules and are given the power to “request” that the Michigan DNR “render these pigs as ‘feral'” we have lost our sovereignty as a state. We have become a fascist system of government on all levels and that should make the voters and taxpayers wake up to the fact that what is happening to the Bakers and to Zeilinger are not isolated cases. We are all affected by corporate power and their funding abilities. It appears that other people had a better grasp of the situation with the Green Acre pigs than the attorney defending the Bakers. However, the rights of the private citizen, their privacy, and possessions currently does not enter the picture in our state or in the other 49. I am shocked to learn that in order to gain access to the transcript of his court proceedings, Randy Zeilinger will be required to pay $455 to continue his appeal. What should have been a local zoning issue has been manipulated into a criminal case making it expensive, stressful, and time consuming. As tax payers, it is costing the people of Michigan to bring this beleaguered man into court for the reason of raising chickens in his backyard. In the meantime dangerous and underhanded criminals continue to walk the streets and avoid arrest
Eric says
Kelly, Thanks for this information. I just learned about this case through Natural News (https://www.naturalnews.com/041219_Michigan_government_pig_farm_DNR.html).
Your synopsis of the Baker’s case is very complete and coherent, and you clearly support them (as many do). However, it would have been nice to hear what the state’s actual case is, instead of “the DNR …statements didn’t make a lot of sense”.
Is there a transcript of the hearing available to those who want to follow the facts of this case?
Regards.
KitchenKop says
Eric, I totally agree with you. As a matter of fact, just tonight I was saying the same thing to a friend who was there, that my post came out pretty one-sided. But it wasn’t *only* because I support the Bakers. This is why: I really didn’t catch most of what the DNR presented! It truly seemed like a lot of mumbo jumbo to me – finagling about things like the timing of when the appeal was filed and generally a lot of talk but not much substance. If you find a transcript, I’d be happy to post the link here so people can read what the other side said and they’ll see what I mean!
Kelly
Randy Zeilinger says
The transcript is a matter of public record. However there are at least two (2) things to consider; 1) you may have to file a FOIA; 2) it may incur a monetary cost. A third thing to consider is that the judge has not drafted a ruling yet for this case so there is a time factor involved.
As food for thought, my case is going forward with the appeal process. The transcript alone is costing me $455 before I can continue with the appeal. No transcript = no appeal. Due process = paying up-front.
On the other hand, I have a PDF copy of the judicial ruling of case 12GC1604, wherein a second Garden City citizen was convicted on the CRIMINAL charge of keeping chickens. In this ruling, the judge cites “general police powers of the city” are not preempted by state or Federal law.
A complete disregard of legal protocol.
Jane says
Has the Judge come up with a decision yet?
Randy Zeilinger says
He is pondering a written decision…
Follow the Bakers here. https://bakersgreenacres.com/
Stacie says
Can they be hunted? Seems like we could solve the problem instead creating more in an attempt to solve it.
Debra says
Stacie;
Fundamentally – there is no ‘feral’ pig problem in MI, so establishing a legal ‘hunt’ season would be futile. However, the MI legislature had already addressed this just prior to this whole thing coming down. They deemed it legal for anyone who finds a loose pig (regardless of its breed) to shoot it on sight. It was after that, that the DNR deemed these pigs as ‘feral’.
What’s interesting also, is that the DNR admitted themselves within this hearing (as the courtroom audibly ‘stirred’ and murmured) that the livestock orgs had requested the DNR to render these pigs as ‘feral’. It should be in the transcript. … Fascinating admission …
Debra says
Well Kenneth … I know you’ve at least got MY attention. I look forward to further comments from those who know more about this.
Kenneth A., says
The Baker’s private property husbandry operation is unfortunately wrapped within a legal fiction known as a Limited Liability Corporation. When one petitions the State to stand as a chartered legal fiction, they have unknowingly aliened their substantive rights within the legalistic state of administrative law.
The catch 22 here is that Mark Baker owns the land, and apparently operates his animal husbandry within the legalistic fiction of the limited liability corporation standing as Baker’s Green Acres.
The result is the Department shows up hat his front gate with the “Invasive Species Order” served on the legal fiction and apparently Mark as the Resident Agent.
Now the Department has a statutory contradiction, for its administrative authority is defined specifically within Public Act 451 of 1994.
The “invasive species order” applies to the “Public Domain”, which is the State owned, and leased geographical arenas maintained with OUR Private Wealth, Tax dollars, where the Department may frolic with its “invasive species order”.
Baker’s Green Acres may stand as a chartered legalities entity, yet it stands within the geographical boundaries of Mark Baker’s Private geography.
The Baker’s Attorney failed to substantiate within the written work, and her oral argument the statutory limitations of the legislatively empowered and taxpayer funded Executive Agency statutorily defined as the Department in Public Act 451 of 1994.
There is no merit to the acts of the Department, but unfortunately the litigator for Mark Baker, and his legalistic entity, Baker’s Green Acres has failed to substantiate statutory restrictions that are written clearly within Public Act 451 of 1994.
When one fails to put the force and limiting effects of Public Act 451 of 1994 in front of the Court, they will unknowingly favor the capricious acts of an executive agency that moves under the color of law, which is known and stands as its “Public Policy”.
The issue is not about the Invasive Species Order, nor the Department’s administrative determination as to what or what is not administratively defined as a “Feral Pig”.
The issue is about Mark Baker, substantiating not why he is right, but why the Department’s statutory standing as defined in Public Act 451 of 1994 denies said department the ability to demand entrance upon his PRIVATE Property.
Rumplestiltskin says
In a ‘curious’ turn along the i-75 corridor … the DNR just lost an attempt to ‘free’ a domesticated white-tail from a terrible life as a house-pet, and asking for the deer to be put down -or- sent into the wild.
Presumably to become feral ?
Judge tossed that case.
Debra says
Here is an example to go by … successfully reached.: https://www.indiegogo.com/projects/raw-milk-dairy-farm-humane-animal-welfare-non-gmo-open-space
Debra says
Good thought Ellen. I don’t know anything about the legalities, policies, etc. I know that they need to reach their goal within the set time period, in order for the funds to be distributed. I don’t know how much the goal should be … and only the Bakers and their legal team could figure that out. The problem is (and isn’t this nice?…) – the state has unlimited funds, generously provided by us … the taxpayer. How brilliantly designed it all is.
Ellen says
I’d like to suggest taking a look at the Indiegogo dot com site; it’s a funding program; list your issue and people contribute funds. One man suggested collecting funds for an elderly ‘school bus monitor who was bullied’ so she could go on a nice vacation and ended up raising enough money ($700,000) so she could retire!!
I think it’s worth a try.
Best,
Ellen
KitchenKop says
I believe they WERE using this site at one time, but the fees were quite high. I’m fuzzy on the whole story, maybe it was a similar site but not that one.
Kelly
Debra says
My concern is not what the judge will decide … yes, he did show a promising sense of integrity and genuine interest in getting to the bottom of the legal ‘dilemma’. In fact, I believe that he will do his best to make the best decision possible … and make it in a way that it has the best sticking power. But this – and this is only my opinion, which is based on years of doing legal battle with statists … hence it could be fairly skewed – says nothing for how the state will respond. They don’t like being told ‘no’. They have no interest in doing the ‘right’ thing ~ nor do they care much about the People, the Constitution, etc. ad nauseum. If they don’t get what they want, filing some sort of an APPEAL is what’s next. It’s automatic. I’m not voicing this because I want to discourage anyone. I’m voicing it because I would hope that fundraisers start to begin to be planned now … while decent weather is here. This is a fight that should not be lost. The judge may take a month or two even to finish his decision. Use this time wisely…
Michele Kossack (Mickey) says
Hi Kelly,
I am one of those people who read the comments because so often they provide additional info. So, I read about the story of Randy Zimmerman and the harassment he is experiencing because of his chickens and will post the article on my facebook page which is a means to share our stories with other concerned friends.
There was a comment that included the info about Michigan legislature and right to sustainable growing of foods. For the life of me, when I went back to access it, I simply have not been able to find it. Please, would you kindly repeat the site for me? By the way, I reside near Traverse City which several years ago agreed that their residents could raise three chickens within the private properties. Then it required people to explain how to process the chickens once they no longer laid eggs. Rabbits are also allowed to be raised for meat. Michele
KitchenKop says
Sorry but I don’t know what link you mean!
Randy Zeilinger says
Are you perhaps referring to the RTFA (Right to Farm Act)?
https://www.michigan.gov/documents/mdard/RTF_ACT-93-of-1981_379049_7.pdf
Milliann Johnson says
it all comes to a vote…the people of Michigan should identify the nearest elected offiicial dealing with these issues ie the commisioner of Ag…i don’t know the heirachy is Michigan but the residents should target that person(s) & make it clear they will be voted out the next election & then get it done if this kinda crap continues aside from bearing arms…it is the only way…court battles are for the rich…the vote is for every man. Good luck to the Bakers & the people of MIchigan who have so much to lose!
Randy Zeilinger says
The next MDARD Ag Commissioner meeting is
Tues., July 16, 2013
9:00 a.m.
MDARD Geagley Laboratory
1615 S. Harrison Road, East Lansing
There is a period of public comment allowed at each meeting.
The commissioners are appointed by the governor. You can find their bios here:
https://www.michigan.gov/mdard/0,4610,7-125-1572_2878-8251–,00.html
Jeanmarie says
THanks for the update, Kelly. I’m thrilled that so many people showed up and that it made the Bakers feel supported!
Randy Zeilinger says
Please steer this fine forum back to the case of Mr. Baker and the nightmare that is affecting HIS family and livelihood.
The FTCLDF people are doing a wonderful job but I was not able to engage their help. My attorney was court-appointed and he he also handling the appeal.
I did not intent to hi-jack this thread. I just wanted to let people know that the Baker case is not an isolated occurance. These cases are state-wide here in Michigan.
All of us small farm operations can benefit from the publicity received. I think that letters and e-mails to state officials help.
Thank you so very much.
Kelly says
You’re not the one who went off on a tangent, that was me when I googled your name, so no worries. 🙂 ALL suffering farmers matter, though, so I’m happy to bring your situation to the light. too.
Kel
Lisa says
Mr. Zeilinger, I would like to hear more about your case, as I have prayed and supported the Baker family I will pray for yours also. But “We the people” need to be informed…..not by what the media wants to tell us, but what is “Truth”. We as people need to have a way of supporting one another, as I was not aware that these type of cases take place. This is all new to me. I find it ridiculous!
Perhaps there is, or can be a web site that tells of each case, in it’s “Truth” court dates for support, and petitions to help. Thank you for going slightly off task, knowledge is power when applied properly!
Randy Zeilinger says
My case is currently in the appeal process so I can’t really discuss it yet.
However you can read about some other cases here: https://sustainablefarmpolicy.org/the-courts/
The third Garden City Criminal Chicken keeper case will be posted shortly.
Randy Zeilinger says
https://www.untamedscience.com/biodiversity/animals/chordates/mammals/even-toed-ungulates/pigs/sus/domestic-pig
By no means intended to be a scientific treatise, I offer the website above as a thought provoker. Now consider that a dog or cat that escapes its home can become feral. The same can be said for a chicken or perhaps even a fish from your pond.
No responsible animal owner or farmer would willingly allow the animals under their care to escape and become feral. Especially when that animal is directly related to their livelihood.
Can the same be said for the CAFOs? A business plan for a large corporation allows for a percentage of animal loss regardless of how that animal is lost. Death in a feed lot or an escape is inevitable and written off. ANY animal loss to a small family farmer is directly and immediately realized. Please put that in perspective as you consider the implications of this particular case.
This case is largely about how small farm operations are being systematically phased out by corporate bully tactics. This case touches upon the tactics being used by mega-corporations to influence state policy or law to gain monopolies for their mega-farm product. This case shows how individual rights are trampled in favour of corporate interest.
That is why I traveled today to support Mr. Baker, his family and all other farmers producing high quality, sustainable farm practices.
Know your food, know your farmer.
KitchenKop says
Randy,
YES!!!
Kelly
KitchenKop says
Randy, I just read your story about your backyard chickens!!! I’m in SHOCK. What’s the latest since May?
Kelly
Randy Zeilinger says
Hi Kelly,
My case is currently in the appeal process and is slowly winding it’s way through the legal system. So some of the relevant material isn’t available for public comment yet.
However, some of the irrelevant actions CAN be commented upon. Such as how the city harassment was stepped up the day after the city was notified of my appeal.
The ordinance officer showed up, insisting that he had to
“inspect” my property and saying that he had to see inside my garage. All without legal authority, i.e. search warrant. He then proceeded to tell me that I should move out of the city to avoid further actions against me. And that if I didn’t, he would seek remedy against my family members.
That kind of mirrors the actions of the state against the Baker family.
The harassment that I am receiving also mirrors the harassment that the Buchler family is receiving in the aftermath of the Shady Grove case.
In my particular case, I’ve been cited for probation violation and can expect to be jailed shortly, according to the probation officer. Hearings are scheduled for July 25 and 31.
KitchenKop says
Oh. My. Gosh. What a stinkin’ nightmare!!!
Is the FTCLDF helping you?
Do you need help getting publicity? If so, please let me know! Is your local chapter showing up at the hearings with you??
Kelly
KitchenKop says
Here’s the link for others who may want to read about what you’re dealing with: https://www.myfoxdetroit.com/story/22148903/garden-city-man-could-get-locked-up-over-chickens.
Randy Zeilinger says
For a bit more of the story…
https://www.backyardchickens.com/a/convicted-criminal-chickenkeeper
Mary says
He would seek remedy against your family members?
Like … the mafia? Geez …
Randy Zeilinger says
That was the threat.
Viki says
Hmm, curly or straight tails, upright or floppy ears….guess what at anytime a pigs tail can be curly or straight, depends on what they are doing! Those pigs are so cute all muddy just like a pig should be. Pray the judge throws the case out. Shame on the DNR.
Susan says
Things are tight right now, but I donated $20. Thanks, Kel, for keeping us informed on this very important issue, and for going and being the voice for those of us that couldn’t attend!
KitchenKop says
Susan, you are so appreciated, thank you!!!!
Kel
Laura says
Isn’t “Sus domestica” the same thing as “Sus scrofa domesticus,” so that any pig that doesn’t have wild boar blood (Sus scrofa) in it is protected? Sus scrofa is a higher classification than sus domesticus so they are not the same thing. Has the Michigan DNR ever gone after any pig that doesn’t have boar in it?
KitchenKop says
Laura,
I don’t know the answers to your questions, but maybe someone else who does will jump in…
Kelly