I think I can say with a high degree of confidence that the USDA appears to be caving when it comes to the matter of “Chasing Rabbits,” the name I’ve given to the case of the USDA assessing John and Judy Dollarhite a fine of $90,643 because the Nixa, Mo., couple sold more than $500 worth of rabbits in a calendar year.
I base that conclusion on the fact that I just received the following e-mail from USDA/APHIS Spokesperson Dave Sacks:
Click to see all posts on this case.
Hello Mr. McCarty
Here is one final statement I can offer, in the event you write any follow-up stories.
We are working out an alternative to the $90K fine and plan to reach out to Mr. Dollarhite over the next week to discuss. We are hopeful he’ll be amenable to discussing it with us and let us visit his facility as we work the issue out.
Thank you.
Dave
When I contacted John Dollarhite to find out if he was aware of the “alternative,” he said he was aware and has actually received some helpful assistance from staffers at the office of U.S. Sen. Roy Blunt (R-Mo.). Perhaps, that’s what prompted the arrival of the USDA spokesperson’s timely email.
In addition, Dollarhite said that he learned via conversations with Senator Blunt’s staffers and others that the USDA’s offices in Washington, D.C., had been flooded with phone calls from across the country about his case during the past few days.
Perhaps, the anti-tyranny protest set for Wednesday in Ozark, Mo. will be more of a party and show of force than a protest. Let’s hope so!
“Don’t declare victory yet,” wrote Paul Hamby, co-coordinator for the Campaign For Liberty in Missouri, in an email Tuesday. “If a thug steals your car and then calls you to sit down and work out the terms of returning it to you, is that a victory?”
More to come.
UPDATE 5/25/11 at 4:11 p.m. Central: Cross-posted at Andrew Breitbart’s BigGovernment.com.
UPDATE 6/03/11 at 2:45 p.m. Central: The Springfield (Mo.) News-Leader published a piece today under the headline, Nixa rabbit seller offered an alternative to fine. When I contacted Dollarhite June 3, he said he was withholding any public comment on the alleged “alternative” offer until he and his attorney have a chance to review.
UPDATE 6/7/11 at 9:16 p.m. Central: John Dollarhite informed me moments ago that a representatives of the USDA is scheduled to visit his home June 13 at 3 p.m. local time “to see if we have any rabbits and cages.”
UPDATE 10/29/11 at 10:29 a.m. Central: The Dollarhites go to Washington.
Read all of my posts about the Dollarhite’s story in “Chasing Rabbits.”
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Bob, thanks for all your work in this.
Hmm… they imply that they’ve read your posts regarding this incident, but didn’t you note previously that the Dollarhite’s no longer have the “facility”. (I suppose they need to see that it doesn’t exist themselves. ) Perhaps, they want to make the trip so they can issue citations and collect fines for a non-existant facility because it doesn’t meet the minimum requirements?
Ignorance of the law is not a valid defense. If the USDA fails to enforce the law in this instance, they can not enforce it on anyone else without violating the equal protection clause.
What does this case amount to??
EXTORTION!
The USDA is no better than a “neighborhood gang” going around trying to “skim the cream” to offer “protection”….The same situation for the United States Post Office wanting to charge postage for e-mails.
It seems the USDA would do better to go after the corporate goons who remorselessly spoiled the Gulf of Mexico with the toxic soup of Oil and Corexit which is killing sealife and showing up in the internals of the food which is humanly consumable.
USDA–GET YOUR ACT TOGETHER!!!
This is nothing more than Federal Government “EXTORTION”.
There is no victory here. Mr. and Mrs. Dollarhite are now in ” THE SYSTEM” and, with great probability, they will face further ventures into lives by other helpful entities such as the I.R.S.
So, Truth. You think a $90,000 fine is acceptable? The USDA goes after whomever has the least ability to fight. The equal protection clause means nothing to government. Wake up, toad!
When lack of mens rea is not a valid defense you’ve got a seriously screwed up system of justice. You avoid “equal protection” problems, by not passing nonsensical laws that create regulatory agencies like this in the first place, not by screwing everyone to be “consistent.”
When laws are this ridiculous, how are people supposed to know that they exist? Are we supposed to sit around reading law books to see if there might be one we don’t know about? Or maybe we are all supposed to have a lawyer on retainer and call him each day, give him our itinerary, and have him check it for possible infractions. I know you lawyers might love it but that’s a bit silly. The problem if that we are over regulated and the regulators are digging for cash to support their follies. We need to ditch the agencies or get them back to doing what they are supposed to be doing. The USDA has plenty of work to do to get their own act together without robbing people who are just trying to make a living in these trying times and who have endangered no one.
http://puppies.burningbird.net/article/john-dollarhite-and-his-90000-usda-fine
this is why its time for the people to revolt against washington and take our country back from the political elitists who only make laws that favor them and theirs
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Any updates on this? I thought this line in Dave’s email was interesting:
– We are hopeful he’ll be amenable to discussing it with us and let us visit his facility as we work the issue out.
Didn’t the Dollarhites sell their rabbit stuff? Or will the USDA push to visit their “facility” and claim they are being uncooperative for not having it available?