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Campaign for Family Farms
Hails Supreme Court Decision

Mushroom Checkoff Declared Unconstitutional
by Nation’s Highest Court



CONTACT: Monica Kahout, hog farmer, 320-523-1516
Land Stewardship Project, 612-722-6377
Missouri Rural Crisis Center, 573-449-1336
Iowa Citizens for Community Improvement, 515-282-0484
Illinois Stewardship Alliance, 217-498-9235

6/26/01
WASHINGTON, D.C.— In a case that could have far-reaching impacts on all commodity checkoff programs, the U.S. Supreme Court ruled June 25 that the mandatory mushroom checkoff violates the First Amendment free-speech rights of mushroom producers. The Campaign for Family Farms (CFF), the group suing USDA to uphold hog farmers’ democratic vote to end the mandatory pork tax, applauded the 6-3 decision.

CFF joined with the Western Organization of Resource Councils (WORC) in a friend of the court brief filed in the mushroom case, arguing that the mushroom checkoff be declared unconstitutional because it "compels producers to finance and/or to be associated with political or ideological speech to which they are opposed."

The parallels between the mushroom and pork and beef checkoffs are strong, with all three programs spending the vast majority of funds on advertising programs that benefit corporate producers and processors instead of independent family farmers.

Last fall, over 30,000 hog farmers voted 53% to 47% to end the mandatory pork checkoff tax in a nationwide referendum of hog farmers conducted by USDA. Hog farmers voted to end the pork tax because it is undemocratic, hasn't benefited them economically, and is being used to promote factory farms and corporate concentration in agriculture. Despite the vote, Secretary of Agriculture Ann Veneman has refused to terminate the mandatory pork checkoff, requiring farmers to keep paying the failed and unpopular tax.

"We voted and won at the ballot box. Now, the U.S. Supreme Court rules the mushroom checkoff is unconstitutional. Why is Secretary Veneman insisting we keep paying the pork tax?" asked Olivia, Minn., hog farmer Monica Kahout, a member of the Land Stewardship Project, which is a member-organization of the Campaign for Family Farms. "It is time for the Secretary of Agriculture to admit she is wrong, honor our vote, and terminate the mandatory pork checkoff. Anything less from this administration is unacceptable."

"This is just one more example of what we've been saying all along: The mandatory pork checkoff is taxation without representation," said hog farmer Rhonda Perry, a Missouri Rural Crisis Center member and spokesperson for the CFF. "Producers voted it down. It's no surprise that the only ones interested in keeping the tax in place are the USDA and the organization that gets the majority of the pork tax—the National Pork Producers Council."

The Campaign for Family Farms organized the campaign to end the mandatory pork checkoff. Member groups include the Land Stewardship Project, Iowa Citizens for Community Improvement, the Illinois Stewardship Alliance and the Missouri Rural Crisis Center.

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