Agricultural News
Support of Right to Farm by Likely Voters Stands at 49 Percent
Fri, 14 Oct 2016 08:40:16 CDT
News9 in Oklahoma City and News on 6 in Tulsa have commissioned an exclusive poll on how voters are feeling about the Right to Farm State Ballot Issue, State Question 777. And, this poll shows that 49% of the likely voters surveyed are supporting 777, while 36% oppose it- and 15% are in the undecided category.
One of the two groups that have organized to actively oppose State Question 777, the Oklahoma Farm, Food and Family coalition, believes that one phrase in the ballot language makes the measure unacceptable. Bud Scott with the coalition says that phrase is "compelling state interest." Scott contends that phrase would make regulations of the ag industry impossible at the state level.
News9 anchor Kelly Ogle talked with several players in the Right to Farm drama and you can see his latest report on the issue by clicking on the PLAY button in the video box below.
News9.com - Oklahoma City, OK - News, Weather, Video and Sports |
According to the Griffin story, the deciding factor may be how onerous the phrase "Compelling State Interest" may turn out to be.
"The language in the proposed amendment is kind of a lawyer's shorthand, the phrase is compelling state interest," said OCU Law Professor Art LeFrancois.
LeFrancois said "compelling state interest" is the legal standard used to protect fundamental rights like free speech and religion. It's not been used before to protect a profession.
"The legislature, also cities, counties and towns, would not be able to act to regulate agricultural ranching, technology or processes, in the absence of some compelling state interest, and compelling state interests, in law, are really really really difficult to find," said LeFrancois.
Opponents of 777 say, if it passes, it would be nearly impossible to put new regulations on anything agricultural -- whether it's a puppy mill or agricultural runoff impacting water quality.
"So that jeopardizes our ability to comply with federal law, and then it jeopardizes our water agencies' abilities to preserve our water," said Bud Scott with Oklahomans For Food, Farm and Family.
"The quality of water most definitely is a compelling state interest," said Tom Buchanan, OK Farm Bureau.
Pro 777 forces say opponents are exaggerating its legal impact. They say it will not affect federal law in any way, and say local lawmakers will still be able to approve new regulations.
"This does not prohibit any elected body, from the smallest community to 23rd and Lincoln, from passing regulation into the future, that is supported by health safety and welfare, by research, science and fact," said Buchanan.
But legal experts say that's where the "compelling state interest" standard will come into play and put a heavy burden on those "elected bodies".
"It's not simply a matter of sort of alleging there's a compelling state interest, it's a matter of going to court and proving that there's a compelling state interest," said LeFrancois.
Right to Farm measures have been approved in the last few years in both Missouri and North Dakota, but neither contained the "compelling state interest" language.
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