DARLINGTON - Lafayette County Judge Duane Jorgenson declared Wednesday that his ruling deeming a state ban on the sale of home baked goods unconstitutional could reasonably apply to all citizens but said more than three plaintiffs would be necessary in the lawsuit in order to make that judgment.
The Department of Agriculture, Trade and Consumer Protection, defended by the state attorney general, argued Wednesday that the ruling should only apply to the three defendants in the case: Dela Ends of Brodhead, Lisa Kivirist of Browntown and Kriss Marion of Blanchardville. The trio brought the suit against DATCP in January 2016.
The ruling made May 31 specified that the statute, which requires a commercial kitchen for people looking to sell baked items, creates no connection between the law's intended results and its regulation.
Namely, the judge pointed to a legal exception for roughly 400,000 homemade cream puffs to be sold at the Wisconsin State Fair. Jorgenson argued that the cycle of special interest between the nonprofits creating the pastries and state organizations provides a financial incentive for the legislation to keep the law in place.
The goods allowed by Jorgenson's ruling included those considered by experts to be potentially nonhazardous, such as cookies, cakes, breads and muffins.
Jorgenson added that the state, which has continued to punish people under the law after his ruling, can continue to do so, but at its own peril because of new lawsuits that it would likely lose.
Wisconsin and New Jersey are the only states to currently impart regulations on bakers throughout legislation.
Institute for Justice lawyers Erica Smith and Michael Bindas, who are representing the case against the state, plan to file an amendment to the lawsuit allowing members of the Wisconsin Farmers Union to be represented in the case.
Marion, who is president of the south central chapter, said the group has roughly 2,500 members and a number are volunteering to take part in the case.
"There's a lot of people in line to sign up," Marion said.
Marion said she was frustrated by the state's argument that the ruling should only apply to the three bakers when the overall court argument never used examples from their kitchens or recipe plans, but instead other kitchens the state had inspected in the past.
Standing among supporters and friends with home baked goods like zucchini bread and muffins lining the tables outside the courthouse, Marion specified that she would prefer the law be struck down through legislation because "that's the way democracy is supposed to be."
She added that State Assembly Speaker Robin Vos has not allowed the "Cookie Bill" to be brought to the floor despite its popularity within the state senate, where it has passed unanimously. The measure to change the state law has failed to come to a vote twice in four years within the state assembly.
"I hope our representatives will exert pressure on Robin Vos," Marion said. "There's no way we can continue to kick the can down the road. It's very frustrating."
Ends has been dealing with the law since she began selling cinnamon rolls at farmers markets in the 1990s before being told to stop because it was illegal. She said she knew the moment she woke up that the hearing Wednesday would not be the final step in the process, and she denounced the continuing cost to taxpayers.
"It seems so wasteful," Ends said. "A waste of time and money and taxpayer dollars. To hold to this ruling that it's just the three of us is really hard to understand. We will just keep on until everybody can bake. It's never going to happen if we don't force the hand."
The Department of Agriculture, Trade and Consumer Protection, defended by the state attorney general, argued Wednesday that the ruling should only apply to the three defendants in the case: Dela Ends of Brodhead, Lisa Kivirist of Browntown and Kriss Marion of Blanchardville. The trio brought the suit against DATCP in January 2016.
The ruling made May 31 specified that the statute, which requires a commercial kitchen for people looking to sell baked items, creates no connection between the law's intended results and its regulation.
Namely, the judge pointed to a legal exception for roughly 400,000 homemade cream puffs to be sold at the Wisconsin State Fair. Jorgenson argued that the cycle of special interest between the nonprofits creating the pastries and state organizations provides a financial incentive for the legislation to keep the law in place.
The goods allowed by Jorgenson's ruling included those considered by experts to be potentially nonhazardous, such as cookies, cakes, breads and muffins.
Jorgenson added that the state, which has continued to punish people under the law after his ruling, can continue to do so, but at its own peril because of new lawsuits that it would likely lose.
Wisconsin and New Jersey are the only states to currently impart regulations on bakers throughout legislation.
Institute for Justice lawyers Erica Smith and Michael Bindas, who are representing the case against the state, plan to file an amendment to the lawsuit allowing members of the Wisconsin Farmers Union to be represented in the case.
Marion, who is president of the south central chapter, said the group has roughly 2,500 members and a number are volunteering to take part in the case.
"There's a lot of people in line to sign up," Marion said.
Marion said she was frustrated by the state's argument that the ruling should only apply to the three bakers when the overall court argument never used examples from their kitchens or recipe plans, but instead other kitchens the state had inspected in the past.
Standing among supporters and friends with home baked goods like zucchini bread and muffins lining the tables outside the courthouse, Marion specified that she would prefer the law be struck down through legislation because "that's the way democracy is supposed to be."
She added that State Assembly Speaker Robin Vos has not allowed the "Cookie Bill" to be brought to the floor despite its popularity within the state senate, where it has passed unanimously. The measure to change the state law has failed to come to a vote twice in four years within the state assembly.
"I hope our representatives will exert pressure on Robin Vos," Marion said. "There's no way we can continue to kick the can down the road. It's very frustrating."
Ends has been dealing with the law since she began selling cinnamon rolls at farmers markets in the 1990s before being told to stop because it was illegal. She said she knew the moment she woke up that the hearing Wednesday would not be the final step in the process, and she denounced the continuing cost to taxpayers.
"It seems so wasteful," Ends said. "A waste of time and money and taxpayer dollars. To hold to this ruling that it's just the three of us is really hard to understand. We will just keep on until everybody can bake. It's never going to happen if we don't force the hand."