On Feb. 25 , 2015 , police force arrived at West Wind Acres , a small grass - fed farm in upstate New York . The purpose of the visit was to enquire about unaccredited working dogs . The proprietor , 34 - yr - older Joshua Rockwood , a mental synthesis worker turned farmer , show them around . Six days after , police turn back with a hunt warrant for the farm and the house . Rockwood was informed that he may be facing charges .
On March 12 , 2015 , Rockwood was arrested and was facing 13 infringement electric charge relate to problem with accessibility of pee and that it was in various icy Department of State , the lack of available feed and absence seizure of adequate protection for the animals in his care . Several animal were capture and locate in local deliverance , and a lengthy legal casing result .
The bang cited :
Eventually , 12 of the 13 charges were dropped . The remain rush was adjourned in musing of dismissal ( ACOD ) . So long as Rockwood was not rearrested on the same charge within six months , the remain explosive charge will also be dropped . ( His ACOD does n’t expire until June 2016 . He was ineffective to speak about his case when this article went to print . )
The crimes that Rockwood was incriminate of are only a short listing of the challenge Farmer front in providing livestock care during the winter months . In fact , many of the charges do n’t refer to seasonal difficulty but are actually the realness of care for stock in any season . animal crap in their troughs . animate being often have all the food they are given before the next task fourth dimension arrives . And , if a neighbor thinks an animal should be in a heated barn in the wintertime , will they also think that those animals should be in an aviation - conditioned tax shelter during hot , humid summers ?
Any granger could easily regain themselves in the same situation .
“ The case and the attention it is experience are bringing many issues facing Farmer across the area to the forefront , ” say Steve Ammerman , handler of public affairs and associate managing director at the New York State Farm Bureau .
One of the most urgent issues is the disconnect between Fannie Farmer and the general public . Fewer and few people have a unmediated connection with agriculture . That disconnection feeds a lack of knowledge regarding the right care of livestock . Finding way to bridge over the disruption between the farm and the residential district can help farm owner need to believe how to bridge the gap between their business and the community is more crucial today than it has ever been .
Wild Weather
The 2014/2015 wintertime in upstate New York was the cold on record in 21 years . The calendar month of February included several continuous daylight of subzero temperature , compounded by regular snowfall throughout the total wintertime . wish for animals in these condition is challenging . Water freezes quickly , and forage is rapidly use up . People unfamiliar with livestock needs are incognizant of the countless trips to check on piddle and food supplies . From the exterior face in , all they see are frosty water troughs , empty feeders and animals huddled to stay warm .
“ So much of society is uneducated about right fauna maintenance , ” says Carie Telgen , D.V.M. , and partner at Battenkill Veterinary Bovine , PC , in Greenwich , N.Y.
At the same time that there is a lack of understanding , there is a growing interest in knowing where and how food is farm .
“ Only 1 to 2 percent of the American populace has any connection to a farm these days , ” Ammerman says . This disconnect can lead to meaning misunderstandings and , in some situation , result in drawn - out , costly legal clash .
Ammerman , Telgen and Elizabeth Rich , vice chair and attorney for the Farm - to - Consumer Legal Defense Fund , offer advice to help other small farmers avoid and/or set for similar situations .
Community Relationships
Meaningful relationships with the community Stephen Collins Foster longsighted - term trust and create opportunities for communication during hard post . “ It ’s of import to open up to the larger community to defend positive human relationship , ” Ammerman say .
Information is a powerful prick in reducing misunderstanding . receive the populace in for farm tours allows for an opportunity to talk about farm activities . Schedule a veterinarian sojourn on the same day to babble out about vaccination docket . Ask a farrier to demonstrate trim or shoeing , so that the public can see that the animals are receive care and also pull up stakes with a greater sympathy of the employment that goes into like for brute .
In addition to connect with the general public , it ’s equally essential to come across with town officials and law enforcement before an issue grow .
“ Do n’t let your first touch with police enforcement be in response to a charge about you and your farm - management practices , ” Rich says .
from time to time attending township - hall meetings and interacting with law of nature enforcement prior to an incidence occurring generate longsighted - term goodwill .
“ It makes it easier to discuss animal care when you have already established trust with the community , ” Telgen says .
Perception Is Reality
citizenry often make assumptions found on outward appearance . Judgments can be made based entirely on how clean the farm looks . Containing empty feed dish and other trash in drivel bin and storing unused tools or supplies create a tidy appearance .
“ It ’s a farm and it can get waterlogged and messy , ” Ammerman says . “ That ’s inevitable , but do your secure to keep the farm as presentable as potential . ”
Assumptions regarding the maintenance or welfare of animals is often made on the profile of protection , water supply root and provender handiness . put windbreak , feeders and urine troughs in the unmediated line of sight reduces inquiring of uneducated passersby .
unluckily , somebody distance from animal maintenance are quick to correlate a thin , elderly animal with negligence . granger know that a 30 - twelvemonth - old horse with no tooth may expect malnourished but in reality is well - fed and under a veterinarian ’s care .
“ I am a big jockstrap of transparency , ” Telgen says , “ but because so many hoi polloi are uneducated about creature care and aging , it ’s almost beneficial to put an senior animal in a back pastureland if you have one . ”
Know Your Rights
Most husbandman are law - abiding citizen who have never been in any sort of effectual trouble and care deeply about their animals .
“ They do n’t worry about accord access to their attribute and giving information , because they know they have n’t done anything wrong and have nothing to hide , ” Rich says . alas , this feeler can run to false allegations and baseless legal action .
“ You have the right to defy a lookup of your dimension unless you waive it , ” she says . “ If you do grant access to your holding on a consensual foundation , you have the right to localise fair condition on that access . ” For example , you could instruct the visitors that no photograph or video recording will be countenance .
If authorities access your belongings under the sureness of a hunt warrant , read it . A warrantee authorizing a hunting of the farm does n’t needfully authorize a search of the residency . “ You have the right to be present during the search , so long as you are not threaten or embarrass the officers or interfering with the search , ” Rich says .
It ’s also authoritative for farmers to know the law relating to farm - management practices . In the New York case , Rich read argument from multiple individuals who posit with sanction that Union law requires that livestock be provided with accession to impudent H2O 24 hours per day . However , that is not the law .
“ I ca n’t matter the figure of clock time that a government employee pretend on behalf of a DoS or local office has fork up a misstatement of jurisprudence to my clients or me , ” she enounce . The more educated you are about the police force applicable to farming operations , the more likely it is that you may resolve a problem early on .
Legal Advice
Elizabeth Rich , frailty president and attorney for the Farm - to - Consumer Legal Defense Fund , offers the following advice to husbandman face up a legal shell .
Back up all data and records, ideally in off-site locations.
“ I have been involved in several cases where investigator seized property for investigative or evidentiary purpose , then defy it for month or even yr before charges were even file , ” she says . Retaining a second copy of records can be decisive to the daily operation of your farm .
Contact an attorney.
In situations where deplorable charges are a possibility , most attorney will advise their clients not to talk to effectual authority without counsel present .
When criminal charge are involved , consult with an lawyer with expertise in criminal law . depend on the fact of a particular casing , the farmer might postulate an attorney experienced in nation use jurisprudence , or built-in law , or administrative enforcement .
It ’s even best to explore local legal counsel when you are not facing problems . Many lawyers are willing to fill for an initial consultation , without charge , to learn about a prospective client ’s farm and business and to allow the client to determine whether the lawyer is a good fit for the sound needs of the farm . forfend business firm with an established client relationship with local governmental authorities .
Document law enforcement encounters.
Record or videotape every brush with law enforcement when it fall out on the farm .
“ You certainly have a right wing to do that when the encounter occurs on your private property , ” Rich says . “ You also have a right to have witnesses present , so long as they do not threaten , obstruct or intervene with the authorities . ”
Get help.
The Farm - to - Consumer Legal Defense Fund is a resource for its phallus . The organisation ’s mission is to protect family farms from harassment by federal , state and local politics sanction . Lawyers are uncommitted 24/7 to provide member with advice in on the dot this type of situation . For more information , visit www.farmtoconsumer.org .
Moving Forward
Despite the lengthy and costly legal conflict , Rockwood is resolute in his dedication to nurture healthy , topically grown food for his family unit and community . During the process , he learned he was not alone . Almost 2,000 sodbuster and member of the general public donated more than $ 72,000 to help with his legal fees . With the ordeal nearly over , he ’s see before to the coming class . He uphold to expand his line of work , adding extra stock to his property and enhancing the facilities to care for them .
