Paying a USDA fine of $90,463 by close of business Monday would have allowed John and Judy Dollarhite on Nixa, Mo., to put their “crime” of selling too many rabbits in a single calendar year in their proverbial “rear-view mirror.” Instead of paying an exorbitant fine for violating an obscure USDA regulation (not a law), the couple whose plight was highlighted on BigGovernment.com May 20 decided to fight back.
John Dollarhite told me by phone Tuesday morning that he had his attorney, Richard L. Anderson of Branson West, Mo., write a letter Thursday and deliver it overnite to Roxanne Folk, a senior USDA officials in Riverdale, Md. In the letter, Anderson conveyed in no uncertain terms that his client would not be paying the fine:
My client rejects that proposal. I note that a descriptive pamphlet enclosed with your letter states, under “Who We Are”, that IES investigates cases received by referral from APHIS’ program clients and cooperators, and that IES “now conducts more than 6,000 cases and collects approximately $ 2 million in civil penalties annually.” That averages a penalty of $ 333.33 per case, and yet you contend it would be appropriate my client tender a penalty of $ 90,643.00.
Near the end of the letter, he added the following:
I cannot imagine that the actions of Mr. Dollarhite would merit a fine or penalty that would be 272 times larger than what the “average” fine ($ 333) collected by the USDA, IES, APHIS would be, under the circumstances of this case, and would certainly hope that a reasonable hearing examiner would agree.
It appears a lot of Americans are siding with the Dollarhites in this fight.
“On Sunday, we talked more than 12 hours with people,” Dollarhite said, adding that the phone conversations were with attorneys, members of the media and supporters from across the country. “Yesterday, we were trying to conduct business at our (computer) store and had a lot of our personal customers coming in and pledging their support, and we had a lot of phone calls, too.”
Dollarhite said he’s heard from people all across the country — in Missouri, Florida, Texas, New Mexico and Hawaii, to name a few — who’ve said they are emailing and calling their elected officials to demand action.
Some of those elected officials have offered at least cursory support.
“We did get a phone call from Claire McCaskill‘s office,” he said, adding that the aide who called said the Democrat U.S. senator was “really pissed off and was going to do everything she could to try and get this taken care of for us.”
Dollarhite also told me that he was contacted by Bob Kollmeier , one-time business partner-turned agriculture advisor to U.S. Rep. Billy Long, a freshman Republican representing Missouri’s 3rd Congressional District who is familiar.
“(Kollmeier) didn’t really say one way or the other except that he’s gonna make some phone calls and see what he can do for us,” Dollarhite said.
Because of the recent tornado in Joplin, Mo., Dollarhite said he understands that his issue might be pushed aside for a while as his elected officials focus much of their attention on helping storm victims. He does not understand the lack of attention from one of his U.S. senators, but is willing to accept assistance even if it’s late in coming.
“We still have heard nothing whatsoever from Roy Blunt’s office,” Dollarhite said. “There have been numerous emails and numerous phone calls to Roy Blunt’s office and, still, nothing” — except, that is, for a letter he sent [see Senator’s Letter About Horses Does Little to Help Constituent Facing $4 Million Fine Over Rabbits for details].
Now, as the Dollarhites wait for a response from APHIS, their friends are rallying to the cause.
A group known as We Are Change Branson is staging a protest at the USDA Service Center in Ozark, Mo., Wednesday afternoon from 3 to 5. For more details, see my post, Anti-Tyranny Protest Set Wednesday in Ozark, Mo.
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