In a shocking turn of events that has left both local and distant dairy farming communities reeling, the Pennsylvania State Veterinary Board took action through the Department of State, Professional Compliance Office. They executed a “contempt of court” order through local law enforcement, even though none of these agencies are actual courts.
Rusty Herr of Christiana and Ethan Wentworth of Airville, two dairymen with young families, have been sitting in jail since last week, denied bail and due process. They have not had the chance to see a judge. And for what? For employing ultrasound technology on dairy cows and horses – without a veterinary license – as part of their NoBull Solutions breeding service.
These two men are among the three individuals who were slapped with the State Vet Board’s cease-and-desist orders as recently as 2018 and 2020. Astonishingly, the state is effectively treating pregnancy as a disease; a standpoint that contradicts federal court rulings that deem pregnancy to be a condition, not a disease. This position even contradicts the Veterinary Medicine Practice Act in Pennsylvania, which makes no explicit mention of pregnancy, giving a certain discretion to the state board on the matter. Notably, the board’s regulations don’t define diagnosis, neither do they mention pregnancy or ultrasound.
According to the nationally acclaimed Barnes Law LLP, which is serving as the NoBull legal defense team since their enlistment a week after the dairymen’s arrests, “Pregnancy is not a disease. Pregnancy is not an illness. Likewise, confirming pregnancy or successful reproduction is not a diagnosis. Medicinal definitions are clear: identification of disease is termed diagnosis, the solution design is called treatment planning, and treatment where appropriate is then implemented as the solution.”
In stark contrast, dozens of technicians across Pennsylvania are known to use ultrasound technology with livestock, aligning with reproductive services. However, for their actions, Herr and Wentworth find themselves forcibly separated from their families. They were incarcerated for a week and were informed that they’ll remain jailed for 30 more days.
The circumstances surrounding their arrests are indeed troubling. For example, Wentworth was asked to pay a fine at the York county courthouse on the morning of April 10, with a promise that he would see a judge. Instead, he was arrested, and seven days later, he still hasn’t seen a judge, according to friend and associate Ben Masemore, a dairy farmer associated with sister business NoBull Sires LLC.
Herr was arrested the next day, April 11, at 6:30 a.m. at his home in Christiana. He was cuffed and taken away in front of his wife and children, reveals Masemore in a phone interview with Farmshine. Robert Barnes, Esq. of Barnes Law LLP, the new lead attorney for the Herr/Wentworth and NoBull Solutions defense, argues that the arrest warrants weren’t “facially valid” as they didn’t originate from a court.
Robert Barnes, Esq. has taken the NoBull Solutions defense case, promising justice for Ethan and Rusty and their families. He discussed it on his Viva Locals podcast on April 17, stating that “a whole bunch of folks are about to get sued” and quoting unlawful detainment and civil rights precedents, among others.
According to the Pennsylvania Veterinary Medical Association (PaVMA) website under “advocacy” that the contempt-of-court charge came off a suggestion in PaVMA’s recent complaint against Herr and Wentworth for ignoring previous fines and cease-and-desist orders from the state veterinary board. However, Herr and Wentworth ignored these fines based on their former attorney’s advice, to avoid admitting guilt. After all, why should they admit guilt for actions that are commonplace and subject to the interpretation of the state’s vague and outdated veterinary law regarding ‘diagnosis’? Especially when pregnancy isn’t a disease that is diagnosed, but a condition to be observed?
The debate will no doubt continue, overcoming archaic laws and challenging unfair practices. One thing is certain: We will closely monitor these developments, tracking the situation, and relaying to you, our readers, the most accurate and timely information.
A “NoBull Solutions LLC Defense Fund” has been set up for the men on GiveSendGo and at local banks. For more information, call 717-887-6465.
