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Culture War Roundup for the week of April 15, 2024

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In the past I've heard a lot of jokes about "The People's Republic of Pennsylvania". I don't know much about the state, but the Secretary of Agriculture has been making news lately.

The latest evolving story is about Rusty Herr and Ethan Wentworth who ran a bovine reproductive services company called "NoBull Sires, LLC".

The dispute arose back in 2010 because the Ag Department sent them a cease and desist plus a statement of fine on the grounds that using an ultrasound was practicing veterinary medicine without a license. The counter argument was that the Ag Department was out of scope of the law. Routine checks don't meet the requirement of "diagnosis and treatment" for practising veterinary medicine, even if they involve an ultrasound machine.

Notably the Ag Department seems to have never filed the paperwork with a court, which is a prerequisite for enforcement. So they were likely aware of the legal issues. In 2020 the Pennsylvania Veterinary Medicine Association sent a complaint to the Department of State.

On April 10-11, 2024 they were arrested and sent to jail for 30 days for "contempt of court". The problem is that the Ag Department seems to have issued the arrest warrant on their own. The case has never been in court. They have not been before a judge.

So they are both in jail serving a 30 day sentence that didn't involve a judge and they haven't been allowed to see a judge.

There is a culture war angle here. The press seems to be reluctant to get involved for a few reasons. These days they like to defer to the bureaucracy, particularly when the Governor is from the right party. Plus Pennsylvania is in play for 2024 so they are reluctant to kick up a fuss that could help Trump.

I'm only finding coverage in the farming press right now and they don't really dive into the legal issues.

https://www.lancasterfarming.com/farming-news/news/livestock-ultrasound-operators-jailed-accused-of-unlicensed-vet-practice/article_39004570-fcd8-11ee-8396-1f8ec41b214f.html

https://agmoos.com/2024/04/17/pregnancy-is-not-a-disease-two-men-jailed-without-bail-for-repro-ultrasounding-of-dairy-cows/

Farmshine has learned that these fines were ignored on advice of their former attorney, so as not to admit guilt. After all, why should Herr and Wentworth admit guilt for actions that have become commonplace and are open to interpretation of the state’s vague and archaic veterinary law in regard to defining ‘diagnosis’ — especially since pregnancy is not a disease to be diagnosed, but rather a condition to be observed?

This advice is so fucking stupid they should be suing whatever attorney gave it to them. I am not a barred lawyer in PA but I am confident that the proper response to "a state executive agency has inappropriately levied a fine and injunction on me" is "file suit challenging the action in a court of competent jurisdiction" not "ignore it and hope it goes away." All that notwithstanding, reading the Veterinary Medicine Practice Act, it sounds like the board has not followed the legally required procedure for enforcing its judgements. Unless there have been some proceedings initiated in a PA court that are not being mentioned.

So... don't walk in a bad neighborhood if you don't want to be raped?

More effort (and, perhaps, tact) than this, please.

good use of commas!

So... don't walk in a bad neighborhood if you don't want to be raped?

A better analogy would be: "If a cop stops you unjustly, don't ignore them or resist, but comply politely and address the issue through the proper channels."

However, it is also not wise to walk through a bad neighborhood alone and unarmed. Someone might do it anyway, but it amounts to bad advice for an expert in that neighborhood to recommend that someone do it.

A better analogy would be: "If a cop stops you unjustly, don't ignore them or resist, but comply politely and address the issue through the proper channels."

Which is a lie Americans tell themselves. Once you comply politely, if you're not arrested, the issue is over. There are no proper channels to go through that will impose any consequences on the cop.

Furthermore, if you do comply, and you are arrested and charged, and you complain, the courts may find that your compliance made the whole thing voluntary, and therefore you have no grounds for complaint.

Wut?

He is suggesting you are blaming the victim. Though really the analogy would need to be: Someone walking in a bad neighborhood was raped, so their lawyer suggested showering afterwards, not calling the police and simply hoping the perpetrator was caught.

I think it would be reasonable to criticize the lawyer, while still being aware that the rape was bad in and of itself as well.

What Jeroboam is trying to say in a very crass and shocking way (he has me blocked and I like it), is that he feels you are victim blaming the guys giving ultrasounds.