OhIO Ag Dept/State's Top Cop Sued for Food Co-op Raid

[Guest guest]

It's been over a month since a team of 10, heavily armed sheriff deputies, at

the behest of

county and state agencies, conducted an aggressive mid-day, search-and-seize

raid of

the home of and Stowers, owners of an organic food co-op called

Manna

Storehouse in LaGrange, Ohio -- and tore their world apart.

The couple has not yet been charged with a crime, but they don't have to wait to

become

defendants in a trial -- they're the plaintiffs in a court action launched by

two advocacy

groups on their behalf.

The Columbus-based Buckeye Institute for Public Policy Solutions, through its

1851

Center for Constitutional Law, and the Farm-to-Consumer Legal Defense Fund

[FTCDLF]

filed a joint, 12-page complaint Dec. 17 in the Lorain County Court of Common

Pleas

against the Ohio Department of Agriculture, the Lorain County General Health

District and

the state's attorney general for violating the Stowers' constitutional rights,

including their

rights to due process and equal protection, and unlawful use of state police

power.

" The use of these police-state tactics on a peaceful family is simply

unacceptable, " said

Buckeye Institute President, Hansen, in a news release announcing the

lawsuit.

" Officers rushed into the Stowers' home with guns drawn and held the family –

including

10 young children – captive for six hours. This outrageous case of bureaucratic

overreach

must be addressed. "

The Family and Its Storehouse

Stowers, 56, and his wife , 47, live in a quiet rural community

24 miles

southwest of Cleveland. Seven of the Stowers' eight children are still at home

and their

daughter-in-law Stowers, 24, lives there with her three small children.

For about four years they've operated a home-based organic food-buying and

distribution cooperative called Manna Storehouse, located in an enclosed

breezeway

attached to their residence but with a separate, outside entrance. A blogger

describes it as

" a folksy place with old wooden floors where co-op members stopped by to chat

and

snack on bags of organic corn chips. "

A sign on the door tells people that the storehouse is private, not a business,

and that it's

not open to the general public. Co-ops are membership organizations. To obtain

food,

you have to join.

The Stowerses distribute foodstuffs their members have ordered: flour, sugar,

grass-fed

beef and lamb [packaged and frozen at the butcher], eggs from pastured chickens,

butter,

cheese, organic honey and maple syrup, and other natural foods.

Their lawsuit explains: " A significant amount of this food is purchased from

local farmers

whose farming practices coincide with what co-op members, including the Stowers,

demand. The co-op takes orders from members, acquires the food that is ordered,

and

then distributes it to members of the co-op in a manner that reflects members'

orders. "

The Raid

On Dec. 1, sheriff deputies made an unannounced " haphazard entry " into the

Stowers'

home, " with guns drawn, as other officers surrounded the property, with guns

drawn. "

Determined to prove ongoing illegalities, agents from the Lorain County Health

District

and ODA searched not only the storehouse but " the Stowers' entire personal

residence and

their entire 26-acre property, " confiscating computers, cell phones, invoices

and other

business records – and a year's supply of the family's food.

Although charges against the Stowerses have not been filed, an ODA official in a

sworn

affidavit, written to obtain the search warrant, asserts that the Stowerses were

operating a

" retail food establishment " without a license, a violation of Section 3717.21 of

the Ohio

Revised Code – " outside of any exclusions provided in Section 3717.22 of the

ORC. "

Attorney Maurice , director of the Buckeye Institute's Center for

Constitutional

Law and author of the complaint, told NWVs that the Lorain County prosecutor has

indicated he'll be filing criminal charges against the Stowerses.

" He believes they've been running a retail food business without a license, "

explained. " He doesn't understand the difference between a co-op and a retail

food

business. He's accusing them of being the same as a Kroger's or Walmart. In Ohio

that's a

third-degree misdemeanor so they might be prosecuted criminally. "

If that happens, the Stowerses could be fined $1,000 for every day they run the

co-op,

said.

Inalienable Rights

In the lawsuit and co-counsel of the FTCLDF argue that buying

food

directly from local farmers, distributing it to neighbors, growing one's own

food and

pooling resources to purchase food in bulk are " fundamental inalienable rights

exercised

by Ohioans at the time of its 1851 Constitution … "

They contend that the part of the Ohio Code dealing with retail food

establishments and

food services does not apply to food co-ops.

" R.C. 3717 is intended to regulate large, commercial grocery stores rather than

family-run

organic food co-ops, and the Stowers and/or Manna Storehouse are exempted from

the

licensure requirement because they only engage in shared ordering of organic

food, and

the growing of their own food on their own farm. "

Manna Storehouse " cannot reasonably be classified as a retail food establishment

because

it does not store, process, prepare, manufacture or otherwise handle food for

retail sale. "

Moreover, " one of any number of exemptions articulated in R.C. 3717.22 applies

to the

Stowers and/or the Manna Storehouse. "

Unlawful Search and Seizure

Besides having a right to distribute and share food outside the state regulatory

and

licensing system, and maintain that peaceful citizens have a right

to be

free from paramilitary police raids, searches and seizures -- a right guaranteed

under the

Fourth Amendment to the U.S. Constitution and Section 14, Article 1 of the Ohio

Constitution.

The search itself was " unlawful " , in part because " there is no evidence

whatsoever, to

support anything other than a calm, peaceful and consented-to entry into, and

search and

seizure of, the Manna Storehouse and the Stowers' private residence. " Nothing in

the

affidavit used to obtain the search warrant suggests the Stowerses were armed

and

dangerous or that anyone in the family would destroy evidence.

And although the law permits the ODA and county health departments to contract

with

police in " performing routine services in the administration and enforcement " of

Chapter

3717 -- " Forceful raids and sweeping searches and seizures are not `routine

services in

the administration of [Chapter 3717].' "

The ODA and Health District " exceeded the scope of the authority delegated …by

the Ohio

Legislature when [they] contracted for the forceful and sweeping raid, search,

and seizure

of the Stowers' private residence, " the complaint declares.

The attorneys are seeking an injunction against similar future raids and a

declaration that

such licensure laws are unconstitutional as applied to the Stowerses and others

like them.

And they are asking the court to order the ODA to return the family's property,

including

some $10,015 worth of food that was confiscated as " evidence, " of which $8,030

worth

was for the family's personal use.

This included a large amount of lamb, since the Stowerses recently had much of

their

personal herd of sheep slaughtered to provide a year's supply of meat for

themselves and

their family.

The Irony of Chad Stowers

That's a lot of food, but it's a big family and there are a many mouths to feed.

It would

normally be even larger, but the Stowers' oldest son, Chad, 27, 's husband,

who helps

with the co-op, is currently stationed in Iraq where he is a Seabee with the

U.S. Navy.

The irony of Chad Stowers serving his country overseas while government agents

raid the

family farmstead was not lost on author and Business Week columnist

Gumpert,

who has a blog where he discusses food and health care issues and cases like the

raid on

Manna Storehouse.

" [Chad]'s been there [in Iraq], separated from his family, for the last five

months,

supposedly protecting our rights from abuse—the sort of abuse that appears to be

taking

place on an ever-more-frequent basis at farms and food outlets around the

country, "

Gumpert observed in an online piece he titled: Seems U.S. Forgot to Tell Navy

Seabee Chad

Stowers the Real War is being Fought Here …and He's the Enemy.

Gumpert says that he asked if she was aware of " the irony of her husband

putting

his life on the line in Iraq, while she was being held at gunpoint in her home

by American

law enforcement officials, and she said, `It occurred to me.' "

Connecting Some Dots

It's not completely clear what set the bureaucratic wheels in motion that led to

the raid or

prompted its planners to use a degree of armed force generally considered

appropriate

only for drug raids or hostage rescues. But some details can be gleaned from

Internet

reporting and official documents filed with the court – particularly the Search

Warrant and

its exhibits that were posted online by the Cleveland Plain Dealer.

These exhibits include the affidavit by ODA enforcement agent Lesho

giving his

reasons for a search; a letter from Boddy, an official with the Lorain

County General

Health District to the ODA requesting ODA assistance; and a letter (dated Dec.

10, 2007)

by Stowers to Dorothy Kloos, the " registered sanitarian " with the

Health District

who initiated the investigation.

A blogger close to the family reports that a year ago " a bit of

non-institutional beef in an

Oberlin College food service freezer " was discovered and traced to Manna

Storehouse. The

college is near LaGrange and its student food coop had joined the Storehouse in

order to

obtain locally produced organic foods as well as food in bulk from the national

organic

food distributor which services buying-clubs nationwide.

Next, according to Stowers, on Nov. 29, 2007, Kloos phoned Manna

Storehouse

and asked " to do an inspection of our private property as a food service

operation. " The

Stowerses said they were not certain what was being discussed and asked for

information

to be mailed " so we could review your paperwork, " and Kloos agreed.

Rather than wait for the mail, " The very next day [Nov. 30] you and two other

accomplices

entered our private property without permission and attempted to do an

Inspection. " The

couple refused to allow them on the property and asked the agents to leave,

explaining

they could not answer questions until they'd reviewed the information that Kloos

left with

them. This included a copy of the Ohio Revised Code, Chapter 3717.

After reviewing the material they concluded that the Health District was of the

" mistaken

position " that theirs was a " retail food establishment " or a " food service

operation. "

asked Kloos for additional information and documentation [complaints

and

letters to the department, for instance] that " would lead you to believe we are

conducting

any activities that are not exempt under [the Revised Code] and would require

that type of

licensing. "

sent her letter by certified mail, but never received an answer. The

matter was

passed on to the county prosecutor's office for a response and to Boddy,

Director of

Environmental Health with the Lorain County General Health District.

More than eight months went by. Then, on Sept. 16, Boddy wrote to the ODA asking

for

help " gathering evidence regarding the Manna Storehouse operation and, if this

operation

must be licensed, assist the Health Department in preparing case if prosecution

is

necessary. "

He explained: " The existence of Manna Storehouse came to the attention of

Dorothy Kloos

… In reviewing the website for this operation she has determined that this

operation may

be required to be licensed as a retail food establishment or as a warehouse

operation by

Ohio Department of Agriculture. "

At this point the investigation took a sharp turn. On Sept. 30 and Oct. 7,

Lesho – a

20-year enforcement agent with the ODA – tried to entrap the Stowerses into

selling him

some organic eggs. According to his affidavit, following one failed attempt

Lesho

succeeded in buying a dozen – but he had to join the co-op and pay a small

membership

fee first.

The Stowers say Lesho was particularly insistent and they allowed him to join

and buy eggs

only to get him off their property.

Now, while Boddy in his request for ODA assistance was careful to phrase his

comments in

a way that left the requirement of licensing a matter to be determined (that

there may be

a violation of the Sec. 3717.21 of the code) – in Lesho's eyes there was no room

for mere

suspected illegality or the possibility that what the Stowerses were doing may

require a

license, but then again, maybe not.

As far as Lesho was concerned the Stowerses were guilty without even being

charged.

" Criminal offenses have occurred, to wit: Operating a retail food establishment

without a

license, in violation of Section 3717.21 of the Ohio Revised Code outside of any

exclusions

provided in Sec. 3717.22 of the Ohio Revised Code, " he wrote.

Once Lesho had decided the Stowers' actions were criminal, and a judge agreed –

it was

just a step to ordering an armed raid.

The Big Question – Why?

But the big question remains: why was such a show of force deemed necessary?

Maurice may have part of the answer. He suggests the raid was intended

to

instill fear not only in the Stowerses and other co-op owners – but in their

suppliers.

" They were apparently trying to threaten and intimidate people who are farmers

or

butchers who are selling the grass-fed beef or the free-range chickens or

whatever to the

Stowers and trying to set up controlled purchases as though the conduct itself

was illegal, "

he said.

Gumpert writes: " It had to be about more than a retail license. Because of

the ODA's

involvement, you can reasonably assume it was about sending a message. … I

suspect the

message has to do with concern about the growth of private groups, like

herdshares and

co-ops, to ensure access to organic nutritionally dense foods. Let's see of the

courts will

stand up to the police-state tactics that ODA has grown so fond of. "

Whatever the reason, as put it: " The Stowers' constitutional rights

were violated

over grass-fed cattle, pastured chickens and pesticide-free produce. 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. "

Update

The Online Docket for the Lorain County Court of Common Pleas shows that the

complaint

was filed Dec. 17 and summons were sent to the different parties on Monday, Jan.

5. The

case number is 08CV159968. A hearing date has not been set.

Source: http://www.newswithviews.com

January 8, 2009

Earlier Stories

1. Berit Kjos: SWAT Team Conducts Food Raid in Rural Ohio. Dec. 21, 2008

2. Devvy Kidd: The Gods of D.C. Mean to Rule You With Brute Force. Dec. 22, 2008

3. : Just an " Uneventful Execution " of a Search Warrant. Dec. 23,

2008

Additional Articles and Information

1. Buckeye Institute Video: The Stowerses Tell Their Story

2. Buckeye Voices: Podcast: Hansen and Maurice discuss the case

3. The Bovine Website: ODA SWATS Manna Storehouse. Dec. 3, 2008, and updates

4. Gumpert: Seems U.S. Forgot to Tell Navy SeaBee Chad Stowers the Real

War is

being Fought Here …and He's the Enemy. The Complete Patient (blog), Dec. 5, 2008

5. Gumpert: Rounding Up 8 Children at Gunpoint and Stealing their Food: Is

This

What Regulation Has Come to in the U.S.? The Complete Patient, Dec. 17, 2008

6. Gumpert: After All We Do For You, This Is How You Thank Us? Maybe It's

Time to

Take a Different View of Herdshares and Co-ops. The Complete Patient, Dec. 20,

2008

7. Lorain County Court of Common Pleas: Online Docket Sheet

______________________________________________________________________

This story is why everyone needs to become a member of the FARM TO CONSUMER

LEGAL

DEFENSE FUND. Go to www.ftcldf.org

Will Winter