Banowetz Vows Fight

BANOWETZ, KECK, PECKOSH

Posted By: Anne Hermann (email)
Date: 11/21/2008 at 09:49:34

Maquoketa Community-Press
December 8, 1976

Banowetz Vows Fight

Preston’s certified raw milk producer Delbert Banowetz says he has no intention of suspending his raw milk sales, even though he was served with an injunction Tuesday, Nov. 30 which prohibits such sales.

Banowetz has been producing and selling raw milk to eastern Iowa customers who desire the product.

It is because of this demand for the product that Banowetz has resisted previous attempts to stop the practice, which is in violation of Iowa law.

He maintains that the law is unconstitutional.

In an attempt to test the law, Banowetz publicized the fact that he was selling unpasteurized milk. This revelation resulted in a successful request for an injunction, which was asked by County Attorney Tom Peckosh and the State Department of Agriculture’s Dairy Division.

Judge A. L. Keck issued the injunction; several months ago.

Since that time Banowetz has continued to bottle and sell the raw product from his rural Preston farm home.

Banowetz says that if criminal action is taken against him he will file a civil suit against Peckosh, Iowa Secretary of Agriculture Robert Lounsberry and others, who he did not identify, claiming that they are ordering him to commit an unconstitutional act.

He says that suit would be filed in U. S. District Court in Cedar rapids.

“After doing some more research I believe that the law is definitely unconstitutional,” Banowetz related. He said that he thought perhaps it would be to his advantage to be a plaintiff in legal action rather than the defendant.

He added that he had received additional financial support from people who support his position and that he planned to be patient and “wait and see what happens.”