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the scopeof theproperty right is.With respect to the government’s authority to search, that was certainly presentatcommonlaw, andtheFourthAmendment put limitsonthegovernment’spower tosearch—but it certainly recognizes that that is a power that the government possessed at all times.” Gorsuch then asked whether the result would be different if the government passed a regulation allowing union opponents, health and safety advo- cates,orpeoplerepresentinganideological causeac- cess toprivate property to advocate for their causes. Thompson said it would not be different: “The property question, the takings question, does not turnon the speech that is beingadvocated,”he said. Following theSupremeCourthearing,Thompson told Ag Alert® that the property-rights issue at the heart of the case “was very important to PLF. These are precisely the types of cases that we look for. We think it’s an injustice.” Thompsonsaidthesupportof theCaliforniaFarm Bureau has been “instrumental,” citing four friend- of-the-court briefs on the farm employers’ behalf writtenbyFarmBureauSeniorCounselCarlBorden at each stage of the appeals process. “NotonlyisPLFgrateful for theFarmBureau’ssup- port—andCarl inparticular;hissupporthasbeenun- wavering since this casewas first launched—but the AmericanFarmBureauof course filedabrief aswell,” Thompson said. “The court wants to hear from the peoplewhoaredirectlyaffectedbythislaw,andthere’s no organization that knows about the access regula- tionmoreacutely than theCaliforniaFarmBureau.” In themost recent California FarmBureau brief, Borden argued the state regulation contravenesU.S. Supreme Court precedent by allowing blanket ac- cess, especiallywhen there are alternativemeans for unionstocommunicatewithagriculturalemployeesin California.BordencitedacommentbyaUnitedFarm Workersorganizertothe LosAngelesTimes in2019that “farmworkers are just likeeveryoneelse—weall have smartphones,”andthat theunionusessocialmediato communicatewithmembers andprospectivemem- bers. In addition, he noted, theUFWoperates radio stationsintheCentralValleyandontheCentralCoast. The FarmBureau has for decades maintained a policydescribing theaccess ruleasunconstitution- al; thepolicywas reaffirmedduring theFarmBureau AnnualMeeting inDecember. The case isCedar PointNursery v.Hassid. Adeci- sion is expected by the end of June. (KevinHecteman is anassistant editor of AgAlert. Hemay be contacted at khecteman@cfbf.com.) lettuce, dipped in paint, to create images of flow- ers. AlecWasson of the Tomato Products Wellness Council made English muffin pizzas with tomato sauce. David Ogilvie of Wilson Vineyards showed how hemeasures brix in grapes using a refractom- eter. Brooke Bachmann of Henderson Farms in Arbuckle sharedher recipe forwalnut trailmix, and Sonia Fernandez of the Dairy Council of California showed students how tomake homemade butter. In other presentations, Marty Espe from Flora Freshcreateda flowerbouquet; LeeSmithof Liberty Pistachio showed students where pistachios origi- nated; Jill Scofieldof theCaliforniaBeefCouncil talk- ed about the nutrients in beef; and Rebecca Bailey fromthe AlmondBoard of California described the growing cycle of almond trees. CFAITC will hold a virtual gala Friday featur- ing Silt Wine Co. winemaker David Ogilvie and chef Patrick Mulvaney of Mulvaney’s B&L in Sacramento. Registration for the free event is avail- able at learnaboutag.org/specialevents.
agreed last November to take their case. Pacific Legal Foundation attorney Joshua Thompson argued the case before the Supreme Court on behalf of the petitioning farmemployers. “Theaccessregulationat issueinthiscaseauthoriz- es aneasement on the property of petitioners for the benefitofunionorganizers,”Thompsontoldthecourt, tellingjusticesthey“shouldholdthat thetakingof this easement violates the Fifth Amendment because it effects aphysical takingwithout compensation.” There are two reasons for this, Thompson told the justices. “First, theappropriationof a real property interest triggers a categorical duty to compensate,” he said. “Theaccess regulationauthorizes the takingof areal property interest in the formof a continual right to occupy and use petitioners’ property.” At a second,more fundamental level, Thompson said, “the access regulation denies petitioners the right toexcludeunionorganizers fromtheir proper- ty. Such an infringement on themost fundamental property rightmerits per se treatment.” State officials have described the rule as a tempo- rary regulation of land rather than a taking, and as essential inorganizingthemigratory farmworkforce. During oral argument, Justices Sonia Sotomayor and Brett Kavanaugh brought up two previous Supreme Court decisions concerning union-orga- nizing activity on private property. The first, National Labor Relations Board v. Babcock andWilcox Co., decided in 1956, held that employersmay bar unionorganizers fromentering their property if reasonable efforts through other availablechannelsof communicationwouldenable the union to reach employees with itsmessage. A second case, Lechmere Inc. v. NLRB, from1992, also found the employer was within its rights to bar unionorganizersfromitsparkinglot,astherewereoth- erwaysfortheuniontocommunicatewithemployees. JusticeNeilGorsuchaskedThompson torespond to an argument in support of the regulation: that ruling in the farmemployers’ favor “wouldbe revo- lutionaryandtheendof all regulatory regimes—that thegovernmentwouldneverbeable towalkonany- one’s property again todoa search, or conduct tests to ensure the safety of licensed operations there.” Inresponse, Thompsonsaid, “Every takingsclaim begins with: ‘What is the property right that the pri- vate-propertyownerpossesses?’ That looks toback- groundprinciplesof property lawtodeterminewhat
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a backpack and snacks—donated by commodity groups and businesses—to the first 1,000 students who registered. California Secretary of Food and Agriculture Karen Ross opened the virtual event by highlight- ing the state’sdiverseagricultural production—and thedifferent employment opportunities in the field. “When you learn about agriculture, I hope you’ll think about the jobs that are there for you,” she said, noting that the state Department of Food and Agricultureemploys scientists, chemists, entomolo- gists, veterinarians, technicians, writers andothers. Each presentation incorporated science, nutri- tion, cooking, even art. Forexample,MaryMadera, aplantbiologist at the University of California, Davis, demonstrated how to extract DNA from strawberries using common household ingredients. JanelleSeebeckofTanimura and Antle in Salinas used the stumps of romaine
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March 24, 2021 Ag Alert 23
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