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Raw Milk Lawsuits
Do YOU value your food freedoms?
As many of you know, we have been embroiled in lawsuits since April 2009 from both the City of Springfield AND the State of Missouri regarding the legality of selling raw milk. If you look at the very beginning of this story, you'll notice that this is all about the delivery of only 1-1/2 gallons of milk.
The City of Springfield has a criminal (what????) case
against Armand for delivering 1-1/2 gallons of raw milk. They are claiming
that our truck is a "food establishment" and that we were "operating a food
establishment without permit". I have attempted to create (and keep up with) a time line of events so that you can know the latest in our Milk Wars with Missouri. A blog of sorts. This is a personal record ONLY and not intended for legal purposes. ~~~~
January 12, 2011 SPRINGFIELD NEWS-LEADER editorial opinion: "When this one originally happened, we called it overkill. So we're pleased to see an end to at least part of this overreaching attempt to crack down on an area farm family."
November 14, 2010: Springfield case moved up to Associate Court for appeal. Daughter to go through depositions for the State on Monday, November 29. Armand to appear before City of Springfield on Tuesday, November 30.
August 30, 2010: Springfield court fines Armand $250 for "operation of food establishment without permit". Bechards immediately file "trial de novo" which is the method of appeal when in municipal court. Because verdict was immediately appealed, we do not have to pay the fine at this time. This effectively sets a new court date. Date of court date for appeal of Springfield case: UNKNOWN (Please see January 3, 2011)
August 20, 2010: Springfield judge renders verdict of GUILTY against Armand for "operation of food establishment without permit". Sentencing will be Aug. 30. August 9, 2010: Armand & Teddi Bechard and one of their daughters spend day with FTCLDF counsel Gary Cox, performing sworn depositions with State of Missouri. Date of other daughter's deposition: UNKNOWN. August 6, 2010: Armand appears before Springfield Municipal Court with local counsel regarding criminal charges. March 5, 2010: Armand & Teddi appeared before judge for State of Missouri case with Farm-to-Consumer Legal Defense Fund (FTCLDF) counsel Gary Cox. Requested 'Motion to Dismiss' and 'Motion to Stay' (wait). Both motions were denied. November 23, 2009: Attorney General Chris Koster's office issues press release informing the media of their law suit against Armand & Teddi Bechard. Our phone went crazy that day. Koster is asking the Greene County Circuit Court for a preliminary and permanent injunction “prohibiting the Bechards from selling raw milk or raw milk products in violation of the law,” and requiring them to pay the cost of the lawsuit. Sept 23, 2009: Armand appeared before Springfield Municipal Court. June 2009: Received letters from MO Attorney General Chris Koster's office, asking us to sign a voluntary consent agreement saying we would NEVER deliver milk away from the farm again. We refused to sign. June 4, 2009: Armand went to hearing in Springfield and pled innocent. May 14, 2009: Armand received a criminal citation from the City of Springfield, charging him with "operation of food establishment without permit". Armand's potential penalty: $1000 fine and the possibility of 180 days in jail! April 22, 2009: Noticed mysterious man driving around in car taking photographs of milk deliveries. He did not get out of his car, did not purchase milk, nor did he speak to us. Only take photos. The May 14 criminal citation is based on these photos. They changed the charge on the citation two times before we received it. I guess they couldn't make up their minds what to charge us with. April 16 2009: Karen Prescott of the Springfield/Greene County Health Department gave us a "courtesy" phone call making verbal threats and telling us that her boss DID NOT WANT RAW MILK IN SPRINGFIELD. April 15, 2009: An undercover agent from the City of Springfield, MO allegedly purchased TWO 1/2 gallons of unpasteurized milk from someone they claim was representing Bechard Family Farm. A Member of our family was at the location they claim, but we were NOT soliciting the sale of milk, nor was there any signage. April 8, 2009: An undercover agent from the City of Springfield, MO allegedly purchased 1/2 gallon of unpasteurized milk from someone they claim was representing Bechard Family Farm. Members of our family were at the location they claim, but we were NOT soliciting the sale of milk, nor was there any signage.
You can contact us at: Bechard Family Farm
We sell from the farm Monday
thru Saturday, 9am - 7pm. Sunday is our day of rest and
worship. We are in Conway, Missouri just off I-44 at exit 113. We are north-east of Springfield on I-44. It is only 35 minutes from the intersection of US-65 & I-44 to the farm.
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January 3, 2011: Armand Bechard defends himself in court against the City of
Springfield and WINS! Judge says the city "has NO CASE!" The
Springfield News-Leader's 1-12-11 editorial opinion is posted above. As with
every report, there are some errors, but this is a decent article. Our court
dates with the State are unknown.
September 17, 2010: Armand Bechard, Carey Raymond -
