10/12/2017

Judge Rules Wisconsin Ban On Selling Home-Baked Goods Unconstitutional

Rek LeCounte, Institute for Justice

After years of waiting, the people of Wisconsin can finally buy homemade cookies, cakes, muffins and breads directly from home bakers. Today, a Lafayette Circuit Court judge clarified his May 31 ruling that the state’s ban on selling home-baked goods is unconstitutional. Wisconsin officials had argued that the ruling was limited to Lisa Kivirist, Kriss Marion and Dela Ends—the three bakers who teamed up with the Institute for Justice in January 2016 to challenge the ban in state court. But this week, Judge Duane Jorgenson disagreed, clarifying that his ruling applies not only to the three plaintiffs, but to all home bakers like them.

As a result, home bakers across the Badger State are now free to sell safe, delicious baked goods that do not require refrigeration directly to consumers.

“This is a win for all of us home bakers,” said home baker Hannah Shaw, who stopped selling her cakes and cupcakes earlier this year after the government issued a cease and desist order against her. “I can’t wait to start baking again!” Law enforcement threatened Shaw with a $10,000 fine and a year in jail, merely for selling the delicious goods out of her home.

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