Emanuel Miller, an Amish from Wisconsin was targeted by DATCP and prosecuted for refusing to register his property under the supposed “voluntary” Wisconsin law.  This case was not only about forcing compliance to what was passed and publicized as a voluntary law by the Wisconsin legislature, it was also about the separation of church and state.  Had DATCP been successful in abrogating Mr. Miller’s right to adhere to his religious beliefs, the precedence would have been set to be used in future cases as the weapon to strike down relgious beliefs as a legitimate defense against government encroachement. 

Thank you to Judge Jon Counsell for this decision.

_______________________________________________________

 

HEARING ON PREMISE REGISTRATION CASE CANCELED
Friday, May 7th, 2010 — 11:42 am
Posted by Paul Knoff, News Director

A Clark County Judge has canceled a motions hearing in a controversial court case.

Judge Jon Counsell was scheduled to hold a hearing on a motion to reconsider his ruling in the Emanuel Miller Jr. case this afternoon, but on-line records say the hearing has been canceled per his request.

Counsell dismissed a case against the local Amish farmer, who has refused to comply with the state’s mandatory premise registration law. He ruled the law infringed on Miller’s religious beliefs and wasn’t the “least restrictive” means to ensure a timely response to disease outbreak.

The state filed a 32-page brief, authored by DATCP attorney Michelle McGuire, which lists 20 points in the decision she feels are “unsupported by law and the record.”

District Attorney Darwin Zwieg says Judge Counsell is not required to reschedule the hearing. If he doesn’t, the state could eventually appeal the ruling.