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Judge Rules in Favor of Amish in Premises ID Case

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Clark Co. Judge Rulesin Favor of Amishin Premises ID Case

Wisconsin Ag Connection - 03/10/2010

A decision has finally been madein the highly anticipated casein whichthe 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 does have a 'religious right' to be exempt fromthe law, which requires anyone who keeps, houses, or co-mingles livestock to registertheir premises withthe state. It was noted during court proceedings thatthe Amish do providetheir names and addresses whenthey buy and sell livestock, andthe judge said that doing so should be enough forthe state to track down animalsin the event of a disease outbreak. Prosecutors also cited a recent pseudorabies outbreakin Clark County as an example of whythe law is needed. But Judge Counsell saidthe state failed to show why alternatives, that would not affect Miller's religious freedom, would not be just as effective. As Wisconsin Ag Connection had been reporting duringthe case,the Amish believethe requirementinfringes ontheir religious believes because it could eventually resultin the tagging of all animals, orthe 'Mark ofthe Beast.' But prosecutors felt with mandatory premise ID,the process of tracking down potentially at-risk farms would be much easier ifthere were an animal disease outbreak. Meanwhile, an official withthe Wisconsin Department of Agriculture's animal health division says he expectsthe state to appealthe ruling.The case at one time was referred to asthe state's first such prosecution, until a Polk County judge ruledin October that Patrick Monchilovich of Cumberland violatedthe four-year-old rule after he refused to register his premises. He was ordered to pay a $200 civil forfeiture and about $190in court costs. wisconsinagconnection.com
 

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