Family's food confiscated because of charitable giving

[SKR8PN]

There were no charges, "civil, criminal or otherwise,"

This was after they were held at gunpoint and their items taken. Looks to me as though they have a case. I hope they win a bazillion dollars from the local "authorities".

 

[Big Daddy]

And that's sufficient reason to hold people at gunpoint? And they weren't charging for food. A retail license is reguired to sell merchandise to the public.

We don't know if they were charging or not. We just know what they claim. They were probably trying to circumvent the law and their tax liability and got caught. If the law really did come down on them as they claim then it sounds like the law over reacted. If these people are on the up and up I hope they get justice. I doubt it though.

That's one of the drawbacks about internet. Anyone can run a rag.

 

[me&thegals]

Classy tagline, SKR8PN.

 

[reinbeau]

Actually we do know that they weren't charging for food, there have been numerous reports on this case, not just 'internet innuendo', google will turn up lots of info on it. It does appear to be a huge over reach of the government, I hope they win big.

 

[Big Daddy]

Actually we do know that they weren't charging for food, there have been numerous reports on this case, not just 'internet innuendo', google will turn up lots of info on it. It does appear to be a huge over reach of the government, I hope they win big.

But were the reports from any reputable places or just anti government rags?

 

[sylvie]

What I fail to understand: why is the only place that I saw this on here earlier in the year, when I live in their general area and should have seen it on my local news?

 

[FarmerChick]

Personally, I blow off anything that is as obviously biased as this article. Maybe wrongfully, but I still do. I save my time for sources that at least attempt 2-sided reporting. So, this very freedom of speech that we all love gives us a lot more responsibility in forwarding, copying and posting things about our gov't, one another, or anything since it is so easily and quickly digested.

 

[Big Daddy]

What I fail to understand: why is the only place that I saw this on here earlier in the year, when I live in their general area and should have seen it on my local news?

The local stations wanted to know the other side of the story too.

 

[Wifezilla]

Apparently you can watch the trial and decide for yourself....

"A county judge has granted permission to the online Courtroom View Network to cover a civil trial next week in which the owners of a LaGrange food cooperative have sued several government agencies over a raid on their property last year.

The Dec. 1, 2008, raid on Manna Storehouse on state Route 303 has already garnered quite a bit of attention and complaints that local authorities overstepped their bounds.

Assistant Lorain County Prosecutor Scott Serazin said complaints about how deputies handled the raid - law enforcement disputes claims that officers stormed the home of John and Jacqueline Stowers with guns drawn - are obscuring the real issues in the case.

The Stowers contend that they didnt need a license to acquire and redistribute food to members of their cooperative, but state officials disagree.

To us its a pretty clear-cut case, Serazin said. They buy products, mark it up 20 to 25 percent and they sell it.

Among the documents seized during the raid was a copy of an application to get a license that is required to be able to sell food, Serazin said.

David Cox, an attorney for the Stowers, said public safety was never threatened by what the Stowers were doing.

Were arguing these people are not a retail food establishment, he said.

The Stowers would obtain food from various farmers and then redistribute it to cooperative members, Cox said.

The Lorain County General Health District, which has been named as a defendant in the lawsuit along with the Ohio Attorney Generals Office and the Ohio Department of Agriculture, had no authority over the Stowers, Cox said. And when Jacqueline Stowers wrote a letter asking health officials to explain their rationale it was ignored, Cox said.

We dont serve the government, the government serves us, he said. So what they did in this case is pretty unconscionable.

But Serazin said the Stowers must be held to the same standards as anyone else who distributes food. For instance, he said, while meat seized during the raid has been held in proper storage since it was taken by investigators, the Stowers have never produced proof that their refrigeration systems meet code.

Cox said investigators never examined the Stowers freezers.

Also seized during the raid were computers and documents for the co-op. No one has been charged in the case, according to court records.

Several organizations, including the Buckeye Institution for Public Policy Solutions, have urged members to attend the trial, set to begin before county Common Pleas Judge James Burge on Thursday."
http://chronicle.northcoastnow.com/2009/10/03/cable-tv-to-cover-manna-co-op-trial/

I think they are going to win....
"The Buckeye Institute argues the right to buy food directly from local farmers; distribute locally-grown food to neighbors; and pool resources to purchase food in bulk are rights that do not require a license. In addition, the right of peaceful citizens to be free from paramilitary police raids, searches and seizures is guaranteed under the Fourth Amendment to the United States Constitution and Section 14, Article 1 of the Ohio Constitution. "The Stowers' constitutional rights were violated over grass-fed cattle, pastured chickens and pesticide-free produce," Buckeye Institute 1851 Center of Constitutional Law Director Maurice Thompson said. "Ohioans do not need a government permission slip to run a family farm and co-op, and should not be subjected to raids when they do not have one. This legal action will ensure the ODA understands and respects Ohioans' rights." On the morning of December 1, 2008, law enforcement officers forcefully entered the Stowers' residence, without first announcing they were police or stating the purpose of the visit. With guns drawn, officers swiftly and immediately moved to the upstairs of the home, finding ten children in the middle of a home-schooling lesson. Officers then moved Jacqueline Stowers and her children to their living room where they were held for more than six hours. Such are raids are beyond the scope of the purely administrative authority delegated to ODA and county health departments. In enforcing licensure laws, these agencies are only permitted to contract for routine enforcement services. Forceful raids and sweeping searches and seizures are not routine, and exceed the authority granted to ODA and county health departments. The Buckeye Institute seeks an injunction against similar future raids, and a declaration that such licensure laws are unconstitutional as applied the Stowers and individuals like them. There has never been a complaint filed against Manna Storehouse or the Stowers related to the quality or healthfulness of the food distributed through the co-op."
http://www.campaignforliberty.com/blog.php?view=6263

 

[Big Daddy]

Apparently you can watch the trial and decide for yourself....

"A county judge has granted permission to the online Courtroom View Network to cover a civil trial next week in which the owners of a LaGrange food cooperative have sued several government agencies over a raid on their property last year.

The Dec. 1, 2008, raid on Manna Storehouse on state Route 303 has already garnered quite a bit of attention and complaints that local authorities overstepped their bounds.

Assistant Lorain County Prosecutor Scott Serazin said complaints about how deputies handled the raid - law enforcement disputes claims that officers stormed the home of John and Jacqueline Stowers with guns drawn - are obscuring the real issues in the case.

The Stowers contend that they didnt need a license to acquire and redistribute food to members of their cooperative, but state officials disagree.

To us its a pretty clear-cut case, Serazin said. They buy products, mark it up 20 to 25 percent and they sell it.

Among the documents seized during the raid was a copy of an application to get a license that is required to be able to sell food, Serazin said.

David Cox, an attorney for the Stowers, said public safety was never threatened by what the Stowers were doing.

Were arguing these people are not a retail food establishment, he said.

The Stowers would obtain food from various farmers and then redistribute it to cooperative members, Cox said.

The Lorain County General Health District, which has been named as a defendant in the lawsuit along with the Ohio Attorney Generals Office and the Ohio Department of Agriculture, had no authority over the Stowers, Cox said. And when Jacqueline Stowers wrote a letter asking health officials to explain their rationale it was ignored, Cox said.

We dont serve the government, the government serves us, he said. So what they did in this case is pretty unconscionable.

But Serazin said the Stowers must be held to the same standards as anyone else who distributes food. For instance, he said, while meat seized during the raid has been held in proper storage since it was taken by investigators, the Stowers have never produced proof that their refrigeration systems meet code.

Cox said investigators never examined the Stowers freezers.

Also seized during the raid were computers and documents for the co-op. No one has been charged in the case, according to court records.

Several organizations, including the Buckeye Institution for Public Policy Solutions, have urged members to attend the trial, set to begin before county Common Pleas Judge James Burge on Thursday."
http://chronicle.northcoastnow.com/2009/10/03/cable-tv-to-cover-manna-co-op-trial/

I think they are going to win....
"The Buckeye Institute argues the right to buy food directly from local farmers; distribute locally-grown food to neighbors; and pool resources to purchase food in bulk are rights that do not require a license. In addition, the right of peaceful citizens to be free from paramilitary police raids, searches and seizures is guaranteed under the Fourth Amendment to the United States Constitution and Section 14, Article 1 of the Ohio Constitution. "The Stowers' constitutional rights were violated over grass-fed cattle, pastured chickens and pesticide-free produce," Buckeye Institute 1851 Center of Constitutional Law Director Maurice Thompson said. "Ohioans do not need a government permission slip to run a family farm and co-op, and should not be subjected to raids when they do not have one. This legal action will ensure the ODA understands and respects Ohioans' rights." On the morning of December 1, 2008, law enforcement officers forcefully entered the Stowers' residence, without first announcing they were police or stating the purpose of the visit. With guns drawn, officers swiftly and immediately moved to the upstairs of the home, finding ten children in the middle of a home-schooling lesson. Officers then moved Jacqueline Stowers and her children to their living room where they were held for more than six hours. Such are raids are beyond the scope of the purely administrative authority delegated to ODA and county health departments. In enforcing licensure laws, these agencies are only permitted to contract for routine enforcement services. Forceful raids and sweeping searches and seizures are not routine, and exceed the authority granted to ODA and county health departments. The Buckeye Institute seeks an injunction against similar future raids, and a declaration that such licensure laws are unconstitutional as applied the Stowers and individuals like them. There has never been a complaint filed against Manna Storehouse or the Stowers related to the quality or healthfulness of the food distributed through the co-op."
http://www.campaignforliberty.com/blog.php?view=6263

If the defense can prove all that they should win. Sounds like the county has some pretty minor stuff. But if the people were marking the food up then they should have to pay tax on their profits and be fined. If the police raided the place for just the reasons stated than theirs a serious problem. If those people were militant wackos there could have been some serious gun play involved and another Wacko type incident.