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'Blatantly Irrational' Ban on Selling Home-Baked Goods in Wisconsin Must Stop

Despite a May ruling declaring the ban unconstitutional, Wisconsin continued to target home bakers.

Institute for JusticeInstitute for JusticeWisconsin's ban on selling home-baked goods is unconstitutional, with "no real or substantial connection" to consumer protection (and a lot to do with protectionism pushed for by groups like the Wisconsin Bakers Association).

That's what a Wisconsin circuit court ruled in May, anyway. Despite that, the state continued to target small-scale entrepreneurs selling baked goods made in their homes.

According to the state attorney-general's office, Judge Duane Jorgenson's ruling only applied to the three women who had challenged the baked-good rules in court: Dela Ends, Lisa Kivirist, and Kris Marion, all farmers and bakers who wanted the right sell homemade goods directly to consumers. They filed a lawsuit last year with help from the nonprofit Institute for Justice (IJ).

Today, Jorgenson issued an opinion clarifying that no, the ruling was not limited to letting Ends, Kivirist, and Marion peddle home-baked foods, but applied to all entrepreneurs like them in the state.

"This is more than a win for us home-based bakers," said Kivirist, "it's recognition that all small businesses have the right to earn an honest living free from irrational government regulation."

Wisconsin is one of only two places with state-wide rules banning homemade baked-good sales. (The other is New Jersey.) "Before a person could sell even one cookie [legally], they needed to acquire an expensive commercial kitchen and a burdensome commercial license," said Erica Smith, IJ's lead attorney on the case.

Nonprofit groups were permitted to sell homemade baked goods at public events up to 12 days a year, however—a paradox IJ calls "blatantly irrational."

Breaking the regulations could mean a year in jail and a $10,000 fine.

The latest ruling from Judge Jorgenson "is a major step for economic liberty and common sense in Wisconsin," said Smith. "Now, Wisconsin home bakers are free to sell their baked goods out of their home, at community events and at farmers' markets—something people are already doing in almost every other state every day."

Photo Credit: Institute for Justice

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  • Hugh Akston||

    According to the state attorney-general's office, Judge Duane Jorgenson's ruling only applied to the three women who had challenged the baked-good rules in court:

    There are not enough eyeroll gifs on the internet.

  • BestUsedCarSales||

    That's more deserving of a fuck you than an eye-roll.

  • Hugh Akston||

    There's none of those at all.

  • ||

  • ||

    Try again...

    Hmmm....

  • BestUsedCarSales||

  • ||

    No, I thought the subject was gifs.

  • BestUsedCarSales||

  • ||

    Darn! The site is truncating my links for some reason.

    My link had many of the same images as your does.

  • DenverJ||

  • Fist of Etiquette||

    Today, Jorgenson issued an opinion clarifying that no, the ruling was not limited to letting Ends, Kivirist, and Marion peddle home-baked foods, but applied to all entrepreneurs like them in the state.

    Ha.

  • CE||

    At least it's a novel argument -- that higher court precedent? It only applied to the plaintiffs in that case.

  • BestUsedCarSales||

    Yep, it's good to see them put real effort into being cunts.

  • Number 7||

    rights? Rights? Your name isn't Miranda, you got no rights.

  • DenverJ||

    A decade or so ago, I worked for a guy who claimed to know Miranda. He was on the fire department in... Was it Phoenix?.. and regularly interacted with Miranda when Miranda interacted with the police. Said the guy was a real piece of shit.

  • Jerryskids||

    Of course he was a piece of shit, that's how these things work their way up to the Supreme Court. It's not nice people who get their rights trampled on, it's the pieces of shit nobody cares about. It's why you wind up having to defend the free speech rights of Nazis instead of girl scouts.

  • BestUsedCarSales||

    it's recognition that all small businesses have the right to earn an honest living free from irrational government regulation."

    Haha.

  • Think It Through||

    Yeah that's pretty funny. Set 1 - nobody. Set 2 - 3 people in Wisconsin. Set 3 - all home bakers in Wisconsin. Set 4 - the rest of us.

  • CE||

    As long as they're not selling raw milk or honey, right?

  • C. S. P. Schofield||

    I know about the raw milk issue. What's the skinny about honey?

  • Hugh Akston||

    Apparently raw honey contains pollen and live bacteria, which can cause illness in infants and the immunocompromised. And we must never have anything that can possibly harm the weakest among us.

  • Insert clever name||

    No, it can contain a small amount of botulism spores, which can make infants quite ill. It's rare, but not impossible.

  • Atlas Slugged||

    ICN is spot on. Honey in fact can be used to treat wounds (in an emergency) because it will retard the growth of bacteria.

  • Episteme||

    As long as they're not selling raw milk or honey, right?

    That's why the bees are disappearing – the government's regulated them all out of the business!

  • ||

    The war on honey is killing jobs. Bees are out of work and literally dying on the street now. I bet those bee fuckers wished they had universal coverage now!

  • Longtobefree||

    Perfectly rational. It increase the state's control over the lives of it's citizens.
    What else is needed to justify a law or regulation?

  • Number 7||

    "Wisconsin is one of only two places with state-wide rules banning homemade baked-good sales. (The other is New Jersey.)"

    Would anybody really want to eat anything homemade in New Jersey?

  • Episteme||

    Farm goods in Jersey are actually pretty damn good. They're hyper-regulated so any farm's stand is going have their product's quickly shrink-wrapped and tagged with an ingredient list, but there are still some good reminders outside the I-95 corridor of why we're called the Garden State.

  • Robert||

    No, they sell them loose, just like at the grocery or supermarket.

  • Crusty Juggler - Lawbertarian||

    Don't want to be a thug, don't be making no cupcakes with vanilla frosting and rainbow sprinkles like a thug.

    OT: The gun grabbers are the stupidest people on the planet, and it hurts to know that they will eventually prevail.

  • Lily Bulero||

    When you go to a Cosmo article, an image soon comes up which in an earlier, more naive era would have been called pornographic, but I won't cause any eyerolls by using the term to this modern, hip audience.

  • Crusty Juggler - Lawbertarian||

    Thanks for sharing.

  • BestUsedCarSales||

    At no point did that article turn into blow-job tips. So I am super confused.

  • Chipper Morning, Mean Girl||

    Yeah, I really wanted some new tips on how to drive my man crazy in bed.

  • Episteme||

    Start yawping about gun control when he's up for either sex or sleep?

  • Crusty Juggler - Lawbertarian||

  • Lily Bulero||

    How much do they have to pay? Assuming that's what you're talking about - nobody would pay *them.*

  • Lily Bulero||

    Oh, a guy accused (in the press) of sexual misconduct hired a lawyer who represented alleged sex-harassment victims and who got money from him for a documentary.

    "Immediately, many in the legal world wondered what would motivate such a principled women's rights advocate to represent a man facing such sordid accusations."

    Let's see...it's a lucrative case for a guy who's shown his ability to pay? In a field where she has expertise? And everyone has the right to the presumption of innocence? But this right means nothing at all without legal representation, if sufficiently powerful people are after you?

  • Lily Bulero||

    As if the New York Times is St. Francis of Assisi, acting from love for humankind?

  • Lily Bulero||

    O

  • Lily Bulero||

    n the other hand

  • Lily Bulero||

    The book of hers to which Weinstein bought the rights seems to be a hagiography of Trayvon Martin.

  • Lily Bulero||

    Whoa, I'd love to be rich enough to hire a lawyer who calls me a "dinosaur" to the press.

  • DenverJ||

    IANAL, but: you're a dinosaur! (That's free, BTW)

  • Lily Bulero||

    As long as it's something cool like a T-rex...a lawyer-eating T-Rex like in the movie.

  • Lily Bulero||

    Ewwww, did I just say something dirty by accident?

  • Lily Bulero||

    Look, Putin, your lame attempt at hacking isn't going to work.

  • Rich||

    LOL

  • Detroit Linguist||

    I have a good friend who bakes pies in her one-bedroom apartment in mid-town Detroit for this place:

    http://sisterpie.com/

    She also supplied pies for a fundraiser for the Detroit Symphony last week: Bourbon Apple Pie. Amazing. Good for these guys telling the state of WI to go to hell.

  • μ Aggressor||

    I'm afraid to click that link at work, looks like a trap

  • Lily Bulero||

    The Springfield (IL) Lincoln museum is holding a Halloween party.

    But they're not allowing equal time to the other side:

    "...adults in costume are asked not to wear masks or hoods."

  • Rich||

    Creepy characters will take over the Abraham Lincoln Presidential Library and Museum on Oct. 21 for the annual "Spooktacular Evening with Abe," a night of games, stories and costumes to welcome the Halloween season.

    Oh, FFS! What kind of mind thinks this stuff up?

  • Lily Bulero||

    I have two guesses: (a) someone who's honoring Mrs. Lincoln's interest in ghosts, or (b) someone who thinks this is a quick way to raise some $$$

  • Rich||

    "We are pleased to announce the winner of this year's costume contest: Max DeSrespict's 'Zombie Abraham Lincoln'."

  • cgr2727||

    "Spooktacular"? Oh, that's just too priceless. I'm guessing whoever thought that one up is too young to remember that "spook" is just another slur for "stymie," "spearchucker" and other things that polite people don't say anymore.

  • John C. Randolph||

    If I dress up as John Wilkes Booth, should I play it with or without the limp?

    -jcr

  • Atlas Slugged||

    There is a fascinating theory that JWB did not fracture his fibula when he jumped out of Lincon's box on to the stage. Instead his horse must have fallen somewhere between Ford's Theater and the decision to stop at Dr. Samuel Mudd's residence. Apparently the fibula fracture is entirely consistent with a rider's foot stuck in the stirrup when a horse then falls upon it. Cannot recommend taking the Surratt Society JWB Escape Tour enough. Fascinating stuff.

  • Rich||

  • Lily Bulero||

    Evil, a patsy, who knows, but I sure would like to learn.

  • MarkLastname||

    He was hired by the Burmese government because they were tired of the most famous thing about their country being a casino named after one of their cities.

  • Lily Bulero||

    Is it too late to ask something on-topic?

    If not, then how high up are Wisconsin's circuit courts? Are they trial courts, or precedent-generating appeals courts?

  • Lily Bulero||

    Oregon State University, Corvallis, has four buildings with problematic names.

    Administrators are seeking public input in an impartial manner:

    ""This isn't about revising history or hiding history or taking something away," Scott Vignos, director of strategic initiatives in the Office of Institutional Diversity, told the group. "It's about revealing history. It's about learning about our past and drawing lessons from that past."...

    ""You can expect to be uncomfortable as we discuss issues of race and history and exclusion and really important topics that are so salient today and that we're dealing with as a community just as they're being dealt with and talked about nationally," said Vignos, who is a member of the Building and Place Name Evaluation Workgroup.

    "Also leading the community engagement session were Brandi Douglas, assistant director of outreach in the Office of Institutional Diversity, and Oregon Multicultural Librarian Natalia Fernandez."

  • Lily Bulero||

    The problematic buildings:

    "• Arnold Dining Center, which is named for a former Confederate soldier who became an OSU president.

    "• Avery Lodge, named for Joseph Avery, a Corvallis founder who the university has said owned a pro-slavery newspaper.

    "• Benton Hall, which the university has said was named for Benton County, which itself was named for white supremacist U.S. Sen. Thomas Hart Benton.

    "• Gill Coliseum, named for longtime basketball coach Amory "Slats" Gill, who students protesters have claimed refused to integrate his team."

  • Rich||

    "You can expect to be uncomfortable as we discuss issues of race and history and exclusion and really important topics that are so salient today and that we're dealing with as a community just as they're being dealt with and talked about nationally," said Vignos, who is a member of the Building and Place Name Evaluation Workgroup

    , but apparently not a member of the English Department.

  • Trollificus||

    Is it so clear as to not require saying that the "you" who can expect to be uncomfortable is just the white people? Because apparently any discomfort felt by blacks must be addressed and corrected, so this very much IS an effort to "hide" , "revise" and/or "take away" historical reality.

    What a waste of such careful verbiage, when the ultimate goal of your communication is simple misrepresentation*.

    *-WAS "lying", back in a more forthright** era.
    **-WAS "honest" back in a more honest*** era.
    ***-'honest', adj. (on-ist) NOW means hectoring, lying, redefining terms per convenience, fantasizing, rejecting facts and truth, and intimidating, as used in: "We need to have an honest discussion about race."

  • Episteme||

    If you want to attract The Kids to your campus and have four buildings to rename, just remember that there are four Ninja Turtles...

  • gaoxiaen||

    The other is New Jersey. Of course,

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