By Jeff Louderback
CARLISLE, Ohio – Faced with the possibility of his farm being closed by Warren County officials, Michael Kilpatrick maintained a positive demeanor amid the stress on a late June afternoon.
Kilpatrick gave a tour of his family’s eight-acre urban farm and enthusiastically talked about the crops.
“Strawberries that are about to be taken out right over there. Here’s some blackberries and elderberries,” Kilpatrick said before pointing out the lettuce and directing his attention to the onions.
“We’re harvesting these today,” he said, reaching his hands into the soil.
“Look at that. Aren’t they gorgeous? Those are pretty big onions,” he said.
“The soil here is rich and grows good produce,” he added. “People come from all over the state to pick strawberries with us, because we’re one of the only organic strawberry farms around.”
Michael Kilpatrick and his wife, Savannah, bought what is now Farm on Central in 2020 during the COVID pandemic. They opened in 2021.
When they learned that compliance costs like tapping into the city water line would be high for a small independent farm, the Kilpatricks chose to become a Private Management Association, Michael Kilpatrick said.
“A PMA, under constitutional protection (the due process liberty clause of the 5th and 14th Amendments), grants its members the right to associate, the right to privacy and the right to conduct ‘business’ among its members, in the private domain,” according to PMA America.
https://www.pmaamerica.org/read-me
Located in southwest Ohio, the Farm on Central has 25 employees and a membership base of 3,000 who visit the business for farm-grown produce, locally-sourced meats and dairy products, and shelf-stable items.
The battle between Farm on Central and the Warren County Health Department stemmed from a difference in opinion about which county regulations apply to Private Membership Associations.
Last month, the health department sent the Kilpatricks a Temporary Restraining Order (TRO)“in which Plaintiff seeks to enjoin and restrain all Defendants from directly or indirectly selling food to any person that is stored, processed, prepared, manufactured, or otherwise held or handled at the Farm on Central.” Farm On Central was operating as an unlicensed retail food establishment, according to the TRO.
The Kilpatricks and their attorney, Jason McNeily, have argued that they are not subject to the same rules as grocery stores and other public entities because they are a PMA.
On Christmas Eve 2024, Warren County sent the Kilpatricks a notice for operating an unlicensed retail food establishment.
The couple replied and noted that the letter was delivered seven days after it was dated, which did not provide adequate notice. They also claimed that, since the farm decided to operate as a PMA, they did not move forward with getting a license as a retail food establishment.
An anonymous tip led an inspector to covertly visit the farm, leading to the TRO, McNeily explained.
Kilpatrick said that they faced three options.
“We could continue operating as a PMA and keep fighting, but we risked going out of business,” he said.
“Or we would have scaled back operations to only offer products we are able to without oversight,” he added.
“What we ultimately decided was to meet regulations so we could fully re-open and serve the community,” he continued.
On June 26, the Kilpatricks were scheduled to have on injunction hearing in Warren County. The prosecutor’s office cancelled the appearance when they reached a settlement with McNeily.
Becoming a certified Class 3 retail food establishment was the fastest route to fully re-opening, the Kilpatricks decided.
In a Facebook video on June 26, Kilpatrick said that, instead of “spinning our wheels and spending a lot of time and money in court, what it comes down to is – the best way to feed you guys and others in our community is to go ahead and get the licensing and be able to scale.”
As part of the agreement, the Kilpatricks will repaint their cooler, get the proper licensing, run a new city water line to the farm and pay to tap into the line among other changes. That will cost around $30,000, Michael Kilpatrick said.
The agreement will allow Farm on Central to return to selling eggs, milk, meat, slushies, and shelf-stable items.
“Ohio law requires a retail food license for any establishment trying to sell food retail. And the way it’s defined in Ohio statute is very broad. It’s anybody who sells any food item to any end user. Period, no, no exception made for private membership associations,” McNeily said.
“It’s very recognized by the Supreme Court that individuals have the right to freely associate with people of like mindsets. That was the premise the Kilpatricks had with the PMA.
“As far as the state’s concerned, it doesn’t matter if you are a PMA. The way the Ohio Revised Code is written, you must have a license. have to have a license, as far as they’re concerned,” said McNeily, who is a Farm on Central customer.
McNeily believes that legislation should be passed that allows farms to operate as a PMA without government restrictions.
“Either the legislatures need to catch up with the changes that are going on, or it will have to happen in the courts,” McNeily said.
“The problem is that when it goes to the court, you’re counting on a lawyer to make the case and a judge to make a good decision. That doesn’t always happen, and it can take years before progress is made,” he added. “Passing a law through the state legislature is the better route.”
Members of the Farm on Central PMA sign contracts with verbiage that states:
– I understand that the fellow members of the Association that provide products and services, do so in the capacity of a fellow member and not in the capacity as a licensed wholesaler, retailer or provider.
– I have freely chosen to change my legal status as a public consumer/customer to a private member of the Association. I further understand that it is entirely my own responsibility to consider the recommendations and products offered to me by my fellow members and to educate myself as to the efficacy, risks, and desirability of same and the acceptance of the offered or recommended products and is my own carefully considered decision.
– In addition, I understand that, since the Association is protected by the First and Fourteenth Amendments to the U.S. Constitution, it is outside the jurisdiction and authority of Federal and State Agencies and Authorities concerning any and all complaints or grievances against the Association, any Trustee(s), members or other staff persons.
“I realize I may have lost the battle, but I haven’t lost the war. You know, we’re in this for the long haul. If I, if I were to get shut down and go out of business, then I’m losing my platform. And again, you know, again, it’s the martyrs are great, but those who live to fight again are more important, in my opinion,” Michael Kilpatrick explained.
“We believe that consumers should be able to join a farm’s private management association and opt out from health department guidelines,” he added.
Farm customers and supporters are donating money to help offset the costs, Kilpatrick said. The Kilpatricks created a “Save the Farm on Central” website to provide updates.
https://savefarmoncentral.com/
A GiveSendGo campaign had raised $23,001 as of July 3.
https://www.givesendgo.com/savefarmoncentral
Tara Simpson is a Farm On Central customer who drives 50 miles from suburban Cincinnati to get her produce from the Kilpatricks.
Simpson said that she has chronic Lyme disease and Celiac disease. She has multiple food allergies and sensitivities, and she is cautious about where she gets produce and meat.
“We should be free as consumers to get the food we want from farms without government overreach. I’ve never gotten sick from anything I’ve ordered from Farm On Central, but “ll tell you this. I’ve gotten sick from something I ordered from the deli at a grocery store, and I’ve gotten sick from food I’ve eaten at a restaurant,” Simpson said.
“If I want to get my food from a farm that is a PMA, I should be able to. I know that what I get from Farm On Central is raised clean and responsibly, and I want to support a small, independent farm that not only feeds customers but feeds the Kilpatrick family. I’m going to keep on supporting them,” she added.
When they received the TRO, the Kilpatricks decided to give away $7,000 in food before it spoiled.
“We couldn’t charge for it, but we could give it away. How does that make sense?” Michael Kilpatrick said.
In a post on the Save the Farm on Central” website, Kilpatrick wrote, “We watched our coolers and shelves go from full to empty, all in the spirit of community and looking out for each other.
“It was beautiful, but it was also heartbreaking. This was a massive financial loss for our family and our farm team. We poured our hearts into this food, and to see it given away out of necessity, not celebration, has been tough. Still, it reminds us why we do this in the first place: to love and serve our community.”
Savannah Kilpatrick grew up in nearby Germantown and spent time in Carlisle as a child because her grandparents lived there. She remembers when the farmhouse where the Kilpatricks now live was surrounded by pastures and farmland. Industrial buildings, houses, and retail establishment have long since sprouted around the eight-acre urban farm. On the edge of the property, trains rumble down the tracks.
“For a long time, whenever we would drive by the property where we now live, Michael would also say how it would make such an amazing farm because there is a lot around it and people who would support a place where they could get healthy food,” Savannah Kilpatrick said.
“Then we bought it. We started small and we’ve kept growing,” she added. “COVID exposed that we’re so reliant on a food supply system that is not certain. We saw that grocery stores have supply chain disruptions, and we’re learning that much of the food in those stores have chemicals and are not grown and raised in a clean way. It’s important than ever that we have local farms and food sources that we can rely on.”
Customers have expressed concern about city water being used on the crops.
“Our pack and wash will have to use the city water. Our kitchen will use it. Our store will use it. But the rest of the farm, all the fields, all the greenhouses, will still be on our well water,” Michael Kilpatrick said.
He added that the farm is exploring filtering options for the city water and he plans to advocate for the city to remove fluoride from the water.
The Kilpatricks said their focus now will shift to working with state legislators to help ensure that farms can operate as a PMA without restrictions from the state.
Some state legislators have told Kilpatrick they plan on drafting new legislation or clarifying existing laws so places like Farm On Central will be protected.
“We believe fresh, good food is a constitutional right and you should purchase whatever you want without the government being involved. Unfortunately, years ago we [Americans] gave that up, so now it’s time for us to reclaim that in a safe way, in an educated way,” Michael Kilpatrick said.
