GMO-Free Mendocinco Wins Legal Battle Against Biotech Industry

Judge OKs genetically modified crop ban vote

Ruling lets language of Mendocino County ballot measure stand for March 2
election
December 31, 2003
By MIKE GENIELLA
THE PRESS DEMOCRAT

UKIAH -- Saying the courts should "tread lightly," a Mendocino County judge
Tuesday let stand ballotlanguage that argues for a local initiative to ban
genetically modified crops.

Superior Court Judge Leonard LaCasse said he would not block election
officials from printing the March 2 primary ballot, which contained language
Measure H critics had claimed was false and misleading.

While the specific statements may not "constitute the whole truth, they are
not so completely wrong to constitute a falsehood to voters," said LaCasse.

He also recognized the deeply divergent viewpoints in the debate over
genetic engineering, reflected in the local ballot measure that has
attracted national attention.

"It is instructive that the argument against this ballot proposal contains
language that is at least equally provocative to the language in favor of
the measure," LaCasse.

The measure would make Mendocino County the first in the nation to ban
cultivation of genetically modified organisms, or GMOs.
Supporters, who include 150 organic farmers and wine-grape growers, contend
the ban is needed to protect Mendocino County's growing stature as a
producer of certified organic agricultural products. They fear genetically
modified organisms could contaminate local organically grown crops.
The measure has run into opposition from other agricultural interests,
including local Farm Bureau President Peter Bradford, and the California
Plant Health Association, a statewide lobbying grouprepresenting biotech
companies.

Monsanto Corp., which is a member of the association, last year spent about
$1.5 million to help defeat an Oregon ballot measure that would have forced
labeling of genetically modified foods. The Mendocino measure does not
attempt to impose a labeling requirement.

The Sacramento law firm of Olson, Hagel & Fishburn filed a lawsuit last week
on behalf of the plant association, seeking to have three specific
statements in the ballot argument in support of Measure H stricken from the
March ballot.

One statement contended that "organic farms and wineries will lose organic
certification" if their crops become contaminated by modified organisms.

The other two statements claimed that "GMO polluted wine" would be
unmarketable in Europe and Japan and that "GMOs will irreversibly
contaminate native plants and trees."

LaCasse noted that voters will have an opportunity to ponder those claims,
as well as those by Measure H opponents.

Critics of the measure say in their ballot argument that it could result in
"cutting of vital services, raising taxes, increasing government intrusion
in the private life" and "uses fear instead of science and could deny
citizens future lifesaving techniques."

LaCasse said that "none of these statements are demonstrably false, but they
are replete with hyperbole and as such are calculated to invite public
debate and discussion."

"The court finds that this is good because it reflects the values of the
democratic society to the extent that it encourages interest and
participation and the free exchange of ideas," he said.

Sara Miller, a spokeswoman for the Sacramento-based plant association, said
Tuesday that her organization was disappointed with the ruling. "But we
intend to work even harder to make sure Mendocino voters know exactly what
Measure H means," she said.

Attorney Susan Jordan, representing Measure H supporters, called LaCasse's
ruling a "victory for freedom of speech." She described the court ruling as
the "first victory in what promises to be a long and hard-fought war against
outside corporate interests."
__________________________________________________________________________
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FOR IMMEDIATE RELEASE
CONTACT:
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Email: laura@bullhornrag.com

December 30, 2003

GMO-FREE MENDOCINO WINS LAWSUIT AGAINST BIOTECH INDUSTRY

Ukiah, Mendocino County In a sweeping victory for Mendocino¹s effort to
ban the growing of genetically modified crops and food, a Superior Court
judge refused today (Wednesday, Dec. 30) to change language in the upcoming
March election ballot.

Earlier this month, California¹s largest consortium of biotechnology,
agri-chemical corporations sued the County Elections Clerk as well as the
proponents of Measure H the citizen-led initiative to make Mendocino the
first county in the nation to ban the growing of GMOs. The lawsuit launched
by the industry consortium of multinational corporations attempted to
prevent Mendocino County voters from reading key ballot arguments in support
of Measure H.

In today¹s ruling, Superior Court Judge Leonard J. LaCasse decided not to
change a single word on the ballot in support of Measure H. His judgment
clears the way for the election ballots to be printed in time for the March
election and uncensored.

³Judge LaCasse in his opinion recognized the effort for what it really was
an effort to keep the truth from the voters of Mendocino County,² said Ukiah
attorney Susan B. Jordan, who represented the Measure H citizen group pro
bono. ³Judge La Casse endorsed the intelligence of the Mendocino County
electorate and said they can read the arguments, and they can decide for
themselves.²

The group behind the lawsuit, the California Plant Health Association,
represents some of the biggest names in GMO production and the world¹s
leading producers of herbicides and pesticides including Monsanto
Corporation, Dow AgroSciences, Bayer Corporation, Helena Chemical and
DuPont.

The biotech industry¹s Sacramento-based law firm attempted to strike
sections of the election ballot arguments in favor of Measure H before
voters even had a chance to read the pamphlet.

For example, their attorney told Judge LaCasse that since GMO-contaminated
wine is not yet on the shelves, Mendocino County voters should be prevented
from reading that GMO-contaminated wine is unmarketable in Europe and Japan.

But after it was revealed in court that there are 30 laboratory trials of
GMO-grapevines currently under development in California, it simply
underscored the need for Measure H as protection for the future of Mendocino
County¹s agricultural economy.

³These corporations don¹t care about Mendocino County,² said Els
Cooperrider, a local owner of the Ukiah Brewing Co. & Restaurant, who was
named in the lawsuit. ³They don¹t live here. They don¹t work here or own
farms here,² she said. ³We care about protecting our local crops from future
contamination from GMOs. These outside corporations only care about profit
and their multi-billion dollar industry.²

If approved by voters in the March election, Measure H will prohibit the
"propagation, cultivation, raising and growing of genetically modified
organisms in Mendocino County." It is not a labeling law. And Measure H does
not affect food products found in the aisles of grocery stores or livestock
feed.

The initiative has drawn the support of Mendocino County Sheriff Tony
Craver, local physicians such as Dr. Marvin Trotter, who is Mendocino
County¹s Public Health Director, and local families concerned about the
untested health risks of GMOs.

In addition, some of the County's leading grape growers - both organic and
conventional, endorse the measure including Dan Fetzer, Frey Vineyards,
Roederer Estates and Hubert Germain-Robin of Redwood Valley¹s Germain-Robin,
makers of world-renowned brandy and cognac.
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BIOTECH AND AGRI-BUSINESS INDUSTRY GIANTS TARGET A GMO-FREE MENDOCINO
Lobbying group behind lawsuit challenging ballot-pamphlet
language on Measure H

California's largest consortium of biotechnology and
agri-chemical corporations has launched a lawsuit against
the local effort to make Mendocino County the first county
in the nation to ban the growing of genetically modified
organisms (GMOs).

The group behind the lawsuit -- filed Friday, Dec. 19 -- is
the California Plant Health Association (CPHA). It
represents some of the biggest names in GMO production and
the world's leading producers of herbicides and pesticides
including Monsanto Corporation, Dow AgroSciences, Bayer
Corporation, Helena Chemical Company and DuPont.

"These are some of the same industry giants, armed with
high-powered law firms and vast resources, that have
successfully squelched recent grassroots attempts around the
nation aimed at resisting the spread of GMO crops and food
products," said Els Cooperrider, a former university
scientist and a local owner of the Ukiah Brewing Co. &
Restaurant. "This is Mendocino County vs. hundreds of
corporations."

Last year, Monsanto Corporation and its biotech allies
pumped more than $6 million into a campaign to defeat an
Oregon ballot measure to label genetically modified foods.

Now Monsanto and dozens of other agri-business and biotech
corporations belonging to the CPHA are targeting Mendocino
County. Pest management consultant Peter Chevalier, a member
of the industry group and a local pear farmer, is named as
the lawsuit plaintiff. Chevalier referred all questions
regarding the lawsuit to the Sacramento-based industry
lobbying group.

The CPHA umbrella group is suing to prevent key arguments in
favor of a local ban on the growing of GMOs from being
printed in the Mendocino County election ballot pamphlet.
The ballot was scheduled to go to press as early as this
week in preparation for the March election on Measure H -
the voter-led initiative for a "GMO Free Mendocino."

Named in the lawsuit are Mendocino County Clerk Marsha
Wharff and the three County residents who signed on as
proponents of the Measure H ballot language: Els
Cooperrider, Janie Sheppard, a local attorney and Dr. Ron
Epstein, a research professor.

"This is the first salvo in a David and Goliath struggle, in
which Measure H - which will benefit the people and the
environment of Mendocino County - is under attack by
unprincipled multinational corporations that care only for
their own profits," Epstein said. "They have no qualms about
subverting the democratic process."

A court hearing is scheduled Wednesday, Dec. 24th at 11:15
a.m. in courtroom E of the Mendocino County Court House. The
hearing will determine whether the consortium of biotech and
agri-business corporations can legally prevent Mendocino
County voters from reading the full, proposed ballot
language in support of Measure H.

"Regardless of how you feel about GMOs, this is a local
issue that should be decided by local people," said Redwood
Valley farmer Tim Buckner. "And not by a national lobbying
organization representing the likes of Monsanto and DuPont.
If they want to start suing people, then they are going to
have to sue all 4,000 residents who signed the initiative
and all the people who will vote for this," Buckner said.

If approved by voters, Measure H will prohibit the
"propagation, cultivation, raising and growing of
genetically modified organisms in Mendocino County." It is
not a labeling law. And Measure H does not affect food
products found in the aisles of grocery stores or livestock
feed.

The initiative has drawn the support of local farmers,
physicians such as Dr. Marvin Trotter, and families
concerned about the unknown health risks of GMOs.

In addition, some of the County's leading grape growers -
both organic and conventional, endorse the measure including
Dan Fetzer, Frey Vineyards and Roederer Estates. Among their
concerns is the likelihood that the introduction of GMOs
will contaminate local crops making them unmarketable in the
many countries now rejecting GMOs.

"The decision to ban [the growing of] GMOs in our County
will put us on the world map as a place where our
representatives are responsible, prudent, wise and truly
care for the people," said Hubert Germain-Robin, of Redwood
Valley's Germain-Robin, producers of world-renowned brandy
and cognac.

This is exactly why the biotech industry wants to
preemptively undermine Measure H before it even gets on the
ballot, according to its local proponents.

Concerned citizens in Sonoma, Marin, Humboldt, Placer and
San Bernardino Counties are already mounting campaigns
modeled on Mendocino County's Measure H to ban the growing
of GMOs.