Posts Tagged Mark of the Beast

Judge dismisses registration case against Amish farmer

By Jake MillerMarshfield News-Herald • March 11, 2010

The state is expected to appeal a Clark County judge’s ruling that allows an Amish man to continue to operate his farm without registering livestock in accordance to law, state assistant veterinarian Paul McGraw said.

Judge Jon Counsell issued a nine-page ruling Tuesday afternoon ordering the court to dismiss the charge filed against Emanuel Miller, 29, of Loyal in October 2008 for failing to comply with the state’s 2005 mandatory livestock registration law. It was the first case involving an Amish farmer challenging the state’s registration law.

The Amish believe the registration’s use of numbers is the first step in moving closer to the “Mark of the Beast,” referenced in the Bible’s book of Revelations and believed to be associated with Satan.

Proponents of the law say the registration allows officials to quickly track animals that could be impacted by a disease outbreak, McGraw said. Wisconsin’s department of agriculture continues to stand behind its belief that mandatory registration is beneficial to tracking disease, despite the court’s ruling, he said.

“I’m not sure there will be a huge impact at this point,” McGraw said of the ruling. “The department is likely to appeal. Everyone still needs to register their livestock.”

Miller testified that if he participated in the registration, he would risk eternal damnation, a statement supported by his community’s leader, Bishop Noah Schwartz.

In a brief filed Dec. 22, the state argued that a premises registration number is no different from other numbers, such as addresses. Only three states have mandatory registration, while 47 have voluntary registration, McGraw said.

However, Counsell wrote in his ruling that the number is just one part of Miller’s concern. It also requires him to put his faith in government, not God, which goes against Amish beliefs.

Registration is an “impermissible burden upon Miller’s religious beliefs,” Counsell wrote.

Counsell cited several flaws in the law, including that it will never reach 100 percent compliance and does not require the registered farmers to have a telephone, requiring state officials to still go door to door at some farms.

There is “no concrete evidence that premises registration serves the interest of promoting health and food safety better than other alternatives, which it must do to withstand this challenge,” Counsell noted.

Counsell wrote that Miller complies with other regulations, including providing his name and address when buying and selling livestock, which provides sufficient information for locating his animals.

Bill Herr, a Greenwood dairy farmer who owns about 165 cattle, said the premises registration is a benefit for tracking disease, as well as for the industry’s image. All of his animals are registered.

“Our livelihood is pretty dependent on how people view our product, how safe it is,” Herr said. “If there was a health issue, it would be very valuable information to know where these animals are being raised.”

Miller’s conviction, the court said, is supported by his statement that he “would accept government punishment or leave the state before violating his religious beliefs.”

Herr, despite his support of registration, said someone with serious religious convictions should not be subject to something that would infringe upon beliefs.

“I can respect religious beliefs, though. I have my own,” he said. “Just because they’re different from someone else’s doesn’t mean they’re wrong.”

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Judge Rules in Favor of Amish in Animal ID Case

Note: Facts, the application for the grant money to operate the program requires that Wisconsin abide by the terms set forth under the Federal Register. In which the participation must be voluntary and a producer can op-out. The state has breached their contract and are subject to Federal Administrative Relief which may result in repayment of all grant moneys. The USDA also failed to provide warning to the state that it may be sued, under requirements of Article 1 Sec.8 Clause 1 regarding grants under the authority of the General Welfare Clause. See annotated Supreme Court rulings for details.

Paul M. Griepentrog

A decision has finally been made in the highly anticipated case in which the State of Wisconsin was trying to sue an Amish man for not following Wisconsin’s Livestock Premise Registration law. On Tuesday, Clark County Circuit Court Judge Jon Counsell ruled that Emanuel Miller Jr. of Loyal, Wisconsin does have a ‘religious right’ to be exempt from the law, which requires anyone who keeps, houses, or co-mingles livestock to register their premises with the state.

It was noted during court proceedings that the Amish do provide their names and addresses when they buy and sell livestock, and the judge said that doing so should be enough for the state to track down an animal in the event of a disease.

Prosecutors also cited a recent pseudorabies case in Clark County as an example of why the premises law is needed. But Judge Counsell said the state failed to show why alternatives, that would not affect Miller’s religious freedom, would not be just as effective.

The Amish believe the requirement infringes on their religious believes because it could eventually result in the tagging of all animals, or the ‘Mark of the Beast.’ But prosecutors felt with mandatory premise ID, the process of tracking down potentially at-risk farms would be much easier if there were an animal disease. The issue of “government ease” fell short in court to the issue of “religious rights.”

Meanwhile, Paul McGraw, the assistant state veterinarian with the Wisconsin Department of Agriculture’s animal health division says he expects the state to appeal the ruling. A case of this nature regarding a state case, is normally a wearing down of the accused, which judges also tire of.

The NAIS, requiring premises registration, was a program instigated by the USDA. Every state was offered “grant” funds as an incentive to enforce a full mandatory NAIS with arrests and fines for noncompliance. The Wisconsin Department of Agriculture, Trade and Consumer Protection has received over twelve million dollars to tighten the screws on all Wisconsin livestock producers. Their enforcements are the most ruthless of any state with many other pending cases. Their grant moneys are also the largest considering the number of livestock producers in the state.

Wisconsin has been used by USDA as an example of strict enforcements for the nation. Additionally increasing the weakened position of Wisconsin, national resistance to NAIS caused Sec. Vilsack on Feb. 5, to announce the NAIS program was discontinued. Without the backing of federal policy, judicial decisions by Wisconsin are predicted to be very problematic for the state. The Miller case is the first court decision since USDA withdrew the program.

On Feb 5 Vilsack stated that one of the reasons for terminating the NAIS program was that, “USDA had gotten a failing grade on NAIS” and that, “Terminating the program would help overcome some of the mistrust caused by NAIS.” It appears Dr. McGraw still has not arrived to where Sec. Vilsack is, serious work on the Wisconsin “mistrust” issue.

The case at one time was referred to as the state’s first such NAIS prosecution, until a Polk County judge ruled in October that Patrick Monchilovich of Cumberland violated the four-year-old rule after he refused to register his premises. He was ordered to pay a civil forfeiture and court costs. (This was before the USDA Feb. 5 announcement.)

McGraw and Wisconsin have been tossed under the bus by USDA and now Clark County Circuit Court Judge Jon Counsell just tossed them under a convoy of galloping Amish steel-wheeled buggies.

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Wisconsin Rules Roughshod against Historic Religious Beliefs

from – National Assn of Farm Animal Welfare – Dec. 31, 2009

Ag.Ed@nafaw.org

A hotly contested court case centered on a farmers’ religious beliefs is now in the hands of a judge. Last week, Clark County District Attorney Darwin Zwieg filed his final brief in a case that jousts the state of Wisconsin against the historic religious convictions of Amish Christians.

On behalf of Miller, the court appointed Bonnie Walksmuth to present his case. Amish Christians normally shun court conflicts and are known for their peaceful humble demeanor. Thousands of immigrants fled Europe to settle in Wisconsin and the US to find safety for their religious freedoms. Now, as the court room was filled with concerned and broken-hearted Amish, an era of freedom was at high risk.

In Wisconsin v. Emanuel Miller Jr., Zwieg alleges the area farmer stands in violation of a new state law requiring all properties where livestock exist be registered with the state. Miller admits as much, but testifies the rule infringes on his religious beliefs. According to testimony during an evidentiary hearing in the matter, those in Miller’s faith fear eternal damnation if they abide by the law, which they feel is a pre-cursor to the biblical ‘Mark of the Beast.’ The issue is not an Amish only conviction, but also shared by Bible believers of many denominations.

Not just a new pestiferous state regulation, but a historic way of life was put on trial in Neillsville, Wisconsin. Miller was charged under complaint for civil forfeiture because he refused to surrender his life holdings into the state’s NAIS property enrollment surveillance system.

The DA says the state has a compelling interest to promote food and animal safety, human health and the economy of the state of Wisconsin. He points to testimony from DATCP employees, who stated mandatory premise ID could improve their ability to respond to an animal disease.

Dr. Paul McGraw, head of the Wisconsin Animal Health Dept. of Ag. was questioned, under oath, by Judge Counsell regarding the necessity of the premise registration system and whether the rule had shown to be a benefit to disease control in Wisconsin to which Dr. McGraw responded, “No”. The judge asked if it had been a benefit in any other state implemented and again, “No”.

In his brief, Zwieg notes a sincerely held religious belief should not give any Wisconsin resident the ability to refuse enforcements and regulations of the new state law. Zwieg crudely compares sincere Christians with corrupt cults of history to make the point that religious beliefs are not of any real consideration to the state of Wisconsin. The DATCP in Wisconsin was aware of the historic Bible beliefs of devout Christians and considered it a minor issue when laws were created to demand property enrollments.

Wisconsin enforces a mandatory NAIS although USDA on a federal level remains quasi voluntary for NAIS enrollment. At 16 recent listening sessions held by USDA Sec. Vilsack, over 90% of attendees opposed any form of government enforced animal ID. Nation wide the proposed NAIS program has been considered the worst idea, with the least proven value in USDA history. Basically, the NAIS, as proposed, is dead as a voluntary national program. The spark of life still exists in Wisconsin.

The state of Wisconsin is fulfilling their agreements with USDA to enforce state mandatory NAIS. The Wisconsin Dept. of Agriculture, Wisconsin Livestock Identification Consortium, and the Wisconsin Dept. of Agriculture, Trade and Consumer Protection has received cooperative agreements totaling over 13 million dollars during a period from 2002 through 2009. According to state surveillance records there are 51,373 livestock properties in Wisconsin with 61,507 registered, to date, showing 119.7% in compliance. An estimated 7,320 have refused to surrender properties to the mandatory ruling.

As a result of Judge Counsell’s decision, either the religious folk in Wisconsin will be incarcerated by the hundreds, or they will break down their beliefs and be shattered by the state like a stomped soda can! The other option is for the state of Wisconsin to return the $13,000,000 to USDA. Go figure?

Attorney Walksmuth, representing Miller has already filed her final brief. The case now goes to Clark County Circuit Court Judge Jon Counsell for consideration.

Thanks to Brad Headtel, Marti Oakley and The PPJ Gazette.

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