Federal Judge Strikes Down California's Ban on Foie Gras

Well, for once a bit of decent political news out of California.

At the Los Angeles Times, "Foie gras can go back on California menus, judge rules":

Foie gras can go back on the menu.

U.S. District Judge Stephen V. Wilson issued a ruling Wednesday overturning California’s law banning the sale of the fatty goose liver.

“I’ve been jumping up and down for about 90 minutes,” said Napa Valley chef Ken Frank, who was not a party to the suit, but has been active in the pro-foie-gras movement.

Foie gras was outlawed in California by a bill that passed the state Legislature in 2004 and went into effect in 2012.

The ban had been challenged by the Hot’s Restaurant Group in California (which includes Hot’s Cantina in Northridge, Four Daughters in Manhattan Beach and Hot’s Kitchen in Hermosa Beach); Hudson Valley Foie Gras, a producer in New York; and a group of Canadian foie gras farmers called Association des Eleveurs de Canards et d’Oies du Quebec.

The judge ruled that the law was unconstitutional because it interferes with an existing federal law that regulates poultry products.

Last year, the courts rejected a different argument against the state ban -- that it improperly tried to regulate interstate commerce. But the new argument -- referred to by lawyers as “preemption” -- succeeded. The state could appeal Wilson’s ruling, but, for now, foie gras devotees can celebrate.

“Foie gras is legal in California and will be on my menu tonight,” said Frank, chef at La Toque restaurant. “I haven’t been without foie gras a single day since the ban went into effect, but tonight is the first time I’ve been able to charge for it.”

Frank had been sending diners complimentary servings of foie gras along with a glass of wine and a card explaining that “this is a gift and an act of political protest against a law we think is unwise."

“Tonight we’re going to tear the cards up and have a hell of a party.”

A coalition of animal rights groups, including the Animal Legal Defense Fund and the Humane Society, released a joint statement vowing to appeal. “The state clearly has the right to ban the sale of the products of animal cruelty, and we expect the 9th Circuit will uphold this law, as it did in the previous round of litigation. We are asking the California attorney general to file an immediate appeal."...

Yes, because no one hates a good, righteous food-loving party as much as tantrum-throwing leftists.

Still more.