Agenda item #7 of December 19, 2000
Presented
for the Public Record and File by Petitioners: Mr. Aajonus Vonderplanitz, Mr. Walker Kehrer (10 years old),
Mr. Ami Adini, Mr. Gene Marcus, Ms. Anita Alvarez, Dr. Paul Fleiss, M.D., Dr.
James Privitera, M.D.; all of the people who called and wrote the Board, and the
67 people who filed Request to Address forms at the Board of Supervisors’
meeting, December 19, 2000; and Legal Representatives: Arlene Binder, and Roger
Noorthoek, Attorneys at Law.
The
Board of Supervisors voted and ordered, with Yaroslavsky Amendment to the
Antonovich Motion (unanimously passed to
include Grade A and Guaranteed raw milk, aligning Los Angeles County code with
California State code) that: 1)
the Director of Health Services report with findings and recommendations on the
grading of raw milk, including the public health implications associated with
the different levels of inspection and grading; and 2) delay action of any
change in the standards until after the report has been completed and reviewed.
We
hereby protest the Amendment requesting the Report of Findings and
Recommendations. We submit this as the formal Appeal
to sustain the unanimously passed Antinovich
Motion to include Grade A and Guaranteed raw milk, aligning LA County code to
California State code.
If
the Director of Health Services recommends and the Board legislates that LA
County revert to code that does not align with State code regulating raw milk,
it will be against the will of the people who have petitioned for the last 2 ½
years and requested otherwise. This would be a tremendous injustice to the care
and health in LA County, and to the preservation of rights under the
constitution.
We
are not here to discuss the merits of raw milk versus pasteurized or homogenized
milk. That is beyond the scope of the Board of Supervisors, even if acting on
the recommendations of County health administrators. The issue before the Board
is: Does the Board of Supervisors
have the right to hinder deny or unreasonably withhold rights of access to food
currently enjoyed by the rest of California under State code, and if so, on what
grounds does it withhold this food that many people have declared that they need
for better health?
1)
The State of California provides code for regulation of raw milk that has
successfully monitored Grade A and Guaranteed raw milk throughout the state,
except for Los Angeles County.
2)
The Board of Supervisors has the moral and ethical responsibility, as
well as the legally mandated responsibility, to protect the will of the
residents of Los
Page
1
EXHIBIT
J
Angeles
County, and their right to health-related choices.
3)
Many residents in LA County clearly expressed their will. They want the
Grade A and Guaranteed raw milk regulations that the rest of the State of
California enjoys so that they can easily purchase it at their local healthfood
stores. It is their right to health and right to choose.
4)
The “right to enjoy” similar privileges provided to other citizens is
a legal right. What legal grounds and authority does LA County have to deprive
citizens of this right that all other residents of California enjoy?
5)
The Board has heard and received testimony of Expert Witnesses of
respected doctors; of whom two were Commissioners and one headed the LA County
Medical Milk Commission. They proactively supported the safety measures provided
in the California code, from years of experience, as appropriately safe for LA
County.
6)
The Board also heard oral testimony from LA County residents from ages
10-65, who rely on raw milk for their health.
7)
The City and State’s health care programs are not legally or
financially positioned to remove people’s rights to preventive disease
health-measures. Passing legislation that prevents food-sensitive citizens from
their right to purchase unaltered foods that are beneficial for them is direct
violation of that right.
8)
The Board cannot unlawfully support a code that manifests unlawful favored
status. All residents of California residing outside of LA County
have access to Grade A and Guaranteed raw milk through State code. Residents of
LA County are deprived by code, for there is no current manufacturer in Los
Angeles County who meets county code criteria, thus creating hardship of access,
in direct violation of Equal Protection rights.
9)
The Board, with the help of LA County Counsel and Health Services, must
prove, not by theory but by proven litigated cases, that aligning the LA County
code with the State code to allow for Grade A and Guaranteed raw milk, would be
disadvantageous to the health of the citizens who seek, read the warning label,
and purchase it.
10)
Protectionist legislation designed to insulate for liability in the event
“something” happens is unreasonable and unlawful, especially since current
monitoring by State code has been, and is sufficient and successful. This
protectionist legislation prejudices many without protecting anyone.
The
medical establishment is on shaky ground. Disease is rampantly increasing,
despite the medical establishment’s claims that it is removing disease from
our lives, and will soon have all of the answers. We throw billions of dollars
into drugs and research, and the decline in health is epidemically on the rise
every year. In 1992, “the United States [was] ranked number one among the
industrialized nations of the world in infant mortality, death of children under
the age of five, AIDS, cancer among men, incidences of breast cancer, and
malpractice lawsuits"; A Measure Of Malpractice, Harvard University Press
1993. Medical drug-related problems cost as much as $182 billion, kill up to
198,815 people, put 8.8 million people in hospitals, and account for up to 28%
of all hospital admissions; American Medical News, January 15, 1996, page 11.
If we use the CDC’s 38-multiplier to reach the figure that includes
unreported cases, we have medical drug-related problems killing 7,554,970
people, and putting 334.4 million people in hospitals. That count does not
include the doctor-related deaths and hospitalizations.
Page
2; Exhibit J
Many
highly respected individuals in the medical, nutritional, and scientific fields
have published against government bodies regulating without accountability.
Today we see class-action lawsuits brought forth against this violation of the
people.
Along
with them, is a rising and growing group of global citizens who questioned
orthodox medicine and returned to eating their foods unadulterated (shopping
local farmers markets for organically grown pesticide-free foods, demanding
genetically engineered foods be removed immediately from their food supply,
opposing radiation of their food), reversing their ills more “naturally”,
and other steps that support their disease-free agenda. Because of their
awareness, they fight against the propaganda that says people must use doctors
and live a drug-dependent life-style. Over 400 Billion Dollars is now spent
annually in America for Alternative Health Care (CNN News Report-January 2001).
People are educating themselves about alternatives. They not only deserve a
choice in their health, they have the right.
Food is the primary resource for our constitutional right to health. If
you do not sustain the unanimously passed Raw Milk Agenda Motion to conform to
State code, you will not be protecting us from a threat to our health, but will
unlawfully have removed our constitutional right to health.
This statement has been drafted to be entered into the public record and
thus show that we have exhausted all administrative processes as provided for by
the County of Los Angeles.
Dated:
January 6, 2001
Respectfully,
Arlene
Binder, Attorney at Law (on behalf of all listed above and those in the public
record)
Page 3; Exhibit J
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