In his decision, Fielder wrote: "Plaintiffs do not have a fundamental right to own and use a dairy cow or a dairy herd; Plaintiffs do not have a fundamental right to consume the milk from their own cow; Plaintiffs do not have a fundamental right to board their cow at the farm of a farmer. . . . Plaintiffs do not have a fundamental right to produce and consume the foods of their choice." Fielder, who is planning to leave the bench, said he based his decision on the fact that the Zinnikers could not present a well-developed reason that consuming food of one's choice is a fundamental right granted by the U.S. Constitution.
The ruling is being appealed. Pete Kennedy of the defense fund reports that raw-milk advocate Max Kane is leading a campaign to have the Wisconsin Judicial Commission investigate the judge's ruling. Kane's Raw Milk Party is again attempting to get the Wisconsin legislature to pass a bill to allow farmers to sell raw milk directly to consumers.