MAX KANE LEGAL DEFENSE FUNDRAISER
Oil Painting Raffle
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Raffle Tickets ONLY $100.00 EACH!
Raffle to be held once 35 tickets sell.
Email drinkrawmilk@gmail.com for tickets.
painting is valued at $10,500.00
CLICK HERE TO WATCH THE STRIKING VIDEO BEHIND THE PAINTING
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DONATE TO THE KANE FAMILY!
Oil Painting Raffle
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Raffle Tickets ONLY $100.00 EACH!
Raffle to be held once 35 tickets sell.
Email drinkrawmilk@gmail.com for tickets.
painting is valued at $10,500.00
CLICK HERE TO WATCH THE STRIKING VIDEO BEHIND THE PAINTING
Back row left to right (Scott Trautman, David Gumpert, Mark McAfee, Michael Schmidt). Front left (Max Kane). Dimensions w/frame (43.5" x 31.5" x 2.5")
We are auctioning off "Freedom Solstice" an original, one of a kind, hand oil by national award winning artist, and food freedom activist Lynn Maderich. This piece beautifully reveals the dramatic story of the North American social and legal battles for food freedom, dietary privacy, and the direct sales of fresh farm food to the end consumer._________________________________________________________________
DONATE TO THE KANE FAMILY!
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CLICK HERE
CLICK HERE.
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DONATE TO THE FAMILY!
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CLICK HERE TO SEE Wisconsin Supreme Court Petition For Review
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Updated May 26th 2011
We lost the appeal but are still in good spirits about the whole case. A notable amount of positive growth and development within our family has resulted from it all.
On May 18, 2011, the Wisconsin 4th District Court of Appeals affirmed the ruling by the Vernon county circuit court. We are disappointed for a number of reasons. First and foremost the Court of Appeals did not address or rule on many of our arguments.
The law on Declaratory Judgments in Wisconsin is poorly written and gasping for clarification. This dynamic provides an opportunity for the Supreme Court of Wisconsin to clarify and further developing the law.
We are moving to petition the Supreme Court of Wisconsin. The Petition is due within 30 days.
Thanks for all of your support!
- Max and Jaclyn Kane
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Updated November 5th 2010
As of November 1, 2010 all three briefs have been filed with the Wisconsin 4th District Court of Appeals. It is very rare that oral arguments are given before appellate courts. Most often cases are decided on written briefs combined with the record on appeal. The court will take at least four months to rule on this case. Due to back log, some cases take over a year to get a ruling. We do not have an electronic copy of all 3 briefs, however you can click the link below to read the first brief drafted and submitted by Max Kane on August 1st. Very sorry, but for some reason the Appendix to the brief was too large of a file to load on this website.
It continues to be a blessing to learn how to argue law, however the assistance of skilled attorneys has strengthened our fight. A special thanks to Elizabeth Rich for her legal help and representation. We ask for your generous donations to aid all of our efforts. Believe it or not, your willingness to donate something as small as $5 or $10 dollars would tremendously help us right now. Thank you for your continued support!
- Max and Jaclyn Kane
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Updated May 17th 2010
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The record on appeal has been approve by both sides and delivered to the Wisconsin 4th District Court of Appeals. Max has 40 day to file his first brief. The State will then have 30 days to file their brief in rebut. Then Max will have another 15 days to follow up with a final brief and get in the last word. There may not be a hearing with oral arguments. The appellate courts most often make decisions on written briefs and oral arguments are usually rare.
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Posted on April 20, 2010
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Posted on April 20, 2010
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Judge Rosborough agreed Max was not a danger to the public and granted the motion to Stay the Order until after the Appellate Court has heard the case and ruled on the matter. We are currently waiting for a transcript from the December hearing which needs to be filed with the Appellate Court to proceed.
It is hard to express the gratitude I feel for all the support my family and I are getting as we go through this battle. As a mother I do my best to be a strong rock for my children. Over the weekend it was very hard to not break down in front of them. It was a challenge to answer my 5 year old when she started asking questions like "why does the government want to take my daddy away?" and "why do they want daddy to eat cooked food when it makes him sick?" I want to be honest with her and at the same time not destroy her innocence and her faith in others and this country we live in. I believe my younger girl has no real understanding of what is happening. It does not make it any easier when she wakes up in the middle of the night and cries not for mommy but for daddy to help her. I wonder what I would do if he were not here to comfort her and what long term damage that would bring to her. I get emotional thinking about bringing another child into this world without Max being there to support me through the labor, without the child having his or her father right there to welcome, love, and bond with from the beginning. When the judge announced his verdict on Monday I broke down with relief, thankful that our family was not going to be immediately separated . I am still filled with fear about what is going to come next and pray for the strength to see my way through it and to help my children with it.
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Originally when I heard stories similar to what we are going through I thought them to be fiction, after all how could these things be happening in this great country. Then it started happening to people we knew and it was harder to deny and ignore. Now it is happening to us and I am afraid. I pray for others to help fight before the situation gets worse and is no longer reversible.
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I am reminded of the poem by Pastor Martin Niemöller talking about the Nazi's in Germany
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"THEY CAME FIRST for the Communists,
and I didn't speak up because I wasn't a Communist.
THEN THEY CAME for the Jews,
and I didn't speak up because I wasn't a Jew.
THEN THEY CAME for the trade unionists,
and I didn't speak up because I wasn't a trade unionist.
THEN THEY CAME for the Catholics,
and I didn’t speak up because I was a Protestant.
THEN THEY CAME for me
and by that time no one was left to speak up."
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"THEY CAME FIRST for the Communists,
and I didn't speak up because I wasn't a Communist.
THEN THEY CAME for the Jews,
and I didn't speak up because I wasn't a Jew.
THEN THEY CAME for the trade unionists,
and I didn't speak up because I wasn't a trade unionist.
THEN THEY CAME for the Catholics,
and I didn’t speak up because I was a Protestant.
THEN THEY CAME for me
and by that time no one was left to speak up."
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Posted by Max's Wife
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OVERVIEW OF THE CASE -- The State of Wisconsin v. Max Kane
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WATCH VIDEO OF CASE OVERVIEW
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Max Kane is challenging a subpoena issued to him by Wisconsin's Department of Agriculture. The subpoena's purpose is to collect information about the possible violations of Wisconsin dairy statutes. Kane believes this violates numerous rights guaranteed to the people by the U.S and Wisconsin Constitutions; Including one's Right to life, liberty, and the pursuit of happiness, Right to Privacy, Right to obtain one's private food from a private source, Right to peacefully assemble, Right to be secure in one's persons, houses, papers, and effects against unreasonable search and seizure without a warrant supported by Oath or affirmation, Right to not stand witness against oneself, nor be deprived of life, liberty or property without due process. The subpoena demands that Kane "gives up" names and addresses of his raw milk farmers to the State. Kane believes that the State has every
intention to "shut down" Kane's farmers, and in effect, leave Kane and his family
without the food source of their choice.
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In a court hearing on December 21, 2009 Vernon County Judge Michael Rosborough said that a ruling on the constitutionality of several Wisconsin dairy statutes, which Kane challenged in court, was not for a lower court to decide, but is an issue for the supreme court, and thus the judge did not
rule on the constitutionality of the dairy statutes in question.
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Max Kane then filed an appeal to move the case up into the higher courts for a ruling. The case is currently under appeal with the 4th District Wisconsin Court of Appeals. Kane is waiting for a transcript of the December hearing from the Circuit Court to proceed with the Appeal.
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After Kane filed the notice of appeal, the State then, with another subpoena, ordered Kane to appear before Assistant Attorney General Phillip Ferris to answer questions. Kane refused claiming that if he gave testimony at that time, it would render his appellate Rights totally meaningless.
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The State is pushing Vernon County Judge Michael Rosborough to hold Max Kane in contempt of court and have him jailed.
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Sending Kane to jail would leave his wife who is 7 months pregnant, and 2 small children,
without a husband, father, family leader, and provider.
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In spite of the fact that no person anywhere has even signed a formal complaint against Max or his involvements in the raw milk movement, nor has he been charged with a crime, the State in their briefs to the court, have declared Kane an immediate danger to the public. The State is now moving to have Kane ordered to jail while his case is under appeal. The hearing date is set for April 19, 2010 at 10:30am in the Vernon County Court of Wisconsin.
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PLEASE BLOG YOUR COMMENTS ABOUT THIS ONGOING STORY AT!
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CLICK HERE TO READ EMAILS BETWEEN THE FDA AND WISCONSIN DEPARTMENT OF AGRICULTURE
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CALL and ask State officials why they are spending so much of the tax payers dollars on this issue when the State of Wisconsin is going bankrupt!
ATTORNEY FOR THE STATE PHILLIP FERRIS (608)266-1221
DEPT OF AG LEGAL COUNSEL CHERYL DANIELS (608)224-5026
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ASK YOUR ATTORNEY!
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Recently Wisconsin's Department of Agriculture legal counsel Cheryl Daniels, had local sheriffs serve multiple small farmers with a demand for interrogatories all while no legal action was even pending.
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After reading this your attorney will probably say "Wisconsin's Department of Agriculture = slavery!"
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