Swat Team conducts food raid in rural Ohio
Swat Team conducts food raid in rural Ohio.
On Monday, December 1, a SWAT team with semi-automatic rifles entered the private home of the Stowers family in LaGrange, Ohio, herded the family onto the couches in the living room, and kept guns trained on grandparents, their daughter-in-law (whose husband is currently serving as a U.S. Navy Seabee in Iraq), their children and grandchildren for four hours. The team was aggressive and belligerent. The children were quite traumatized. At some point, the “bad cop” SWAT team was relieved by another team, a “good cop” team that tried to befriend the family.
The Stowers family has run a very large, well-known food cooperative called Manna Storehouse on the western side of the greater Cleveland area for many years. [See video: The Stowers tell their story]
There were agents from the Department of Agriculture present, one of them identified as Bill Lesho. The search warrant is reportedly suspicious-looking. Agents began rifling through all of the family’s possessions, a task that lasted hours and resulted in a complete upheaval of every private area in the home. Many items were taken that were not listed on the search warrant. The family was not permitted a phone call, and they were not told what crime they were being charged with. They were not read their rights. Over ten thousand dollars worth of food was taken, including the family’s personal stock of food for the coming year. All of their computers, and all of their cell phones were taken, as well as phone and contact records. The food cooperative was virtually shut down. There was no rational explanation, nor justification, for this extreme violation of Constitutional rights.
Presumably Manna Storehouse might eventually be charged with running a retail establishment without a license. Why then the Gestapo-type interrogation for a 3rd degree misdemeanor charge? This incident has raised the ominous specter of a restrictive new era in State regulation and enforcement over the nation’s private food supply.
For verification see this court filing showing that government exceeding its authority
This same type of abusive search and seizure was reported by those innocents who fell victim to oppressive federal drug laws passed in the 1990s. The present circumstance raises the obvious question: is there some rabid new interpretation of an existing drug law that considers food a controlled substance worthy of a nasty SWAT operation? Or worse, is there a previously unrecognized provision(s) pertaining to food in the Homeland Security measures? Some have suggested that it was merely an out-of-control, hot-to-trot ODA [Ohio Department of Agriculture] agent, and, if so, this would be a best-case scenario. Anything else might spell the beginning of the end for the freedom to eat unregulated and unmonitored food.
One blogger familiar with the Ohio situation has reported that:
“Interestingly, I believe they [Manna Storehouse] said a month or so ago, an undercover ODA official came to their little store and claimed to have a sick father wanting to join the co-op. Both the owner and her daughter-in-law had a horrible feeling about the man, and decided not to allow him into the co-op and notified him by certified mail. He came back to the co-op demanding to be part of it. They refused and gave him names of other businesses and health food stores closer to his home. Not coincidentally, this man was there yesterday as part of the raid.”
The same blog also noted that the Ohio Department of Agriculture has been chastised by the courts in several previous instances for its aggression, including trying to entrap an Amish man in a raw milk “sale,” which backfired when it became known that the Amish believe in a literal interpretation of “give to him that asketh thee, and from him that would borrow of thee turn not thou away” (Matthew 5:42)
The issue appears to be the discovery of a bit of non-institutional beef in an Oberlin College food service freezer a year ago that was tracked down by a county sanitation official to Manna Storehouse. Oberlin College’s student food coop is widely known for its strident ideological stance about eating organic foods. It seems that the Oberlin student food cooperative had joined the Manna Storehouse food cooperative in order to buy organic foods in bulk from the national organic food distributor United, which services buying clubs across the nation. The sanitation official, James Boddy, evidently contacted the Ohio Department of Agriculture. After the first contact by state ODA officials, Manna Storehouse reportedly wrote them a letter requesting assistance and guidelines for complying with the law. This letter was never answered. Rather, the ODA agent tried several times to infiltrate the coop, as described above. When his attempts failed, the SWAT team showed up!
More details here…
Swat Team conducts food raid in rural Ohio
UPDATE:
Raid on Family’s Home and Organic Food Co-Op Challenged
Columbus - The Buckeye Institute’s 1851 Center for Constitutional Law today took legal action against the Ohio Department of Agriculture (ODA) and the Lorain County Health Department for violating the constitutional rights of John and Jacqueline Stowers of LaGrange, Ohio. The Stowers operate an organic food cooperative called Manna Storehouse. ODA and Lorain County Health Department agents forcefully raided their home and unlawfully seized the family’s personal food supply, cell phones and personal computers. The legal center seeks to halt future similar raids. The complaint was filed in Lorain County Court of Common Pleas.
“The use of these police state tactics on a peaceful family is simply unacceptable,” Buckeye Institute President David Hansen said. “Officers rushed into the Stowers’ home with guns drawn and held the family - including ten young children - captive for six hours. This outrageous case of bureaucratic overreach must be addressed.”
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. The Buckeye Institute’s legal center will defend the Stowers from any criminal charges related to the raid.
A copy of the complaint is available at buckeye institute dot org slash stowers dot pdf. A video of the Stowers describing the raid is available here.
The Buckeye Institute for Public Policy Solutions, together with its 1851 Center for Constitutional Law, is a nonpartisan research and educational institute devoted to individual liberty, economic freedom, personal responsibility and limited government in Ohio.
www.buckeyeinstitute.org/article/1284
