Rural Laws: January, 2002 - Number #5

New York's highest court, the Court of Appeals, in November 2001 ruled that farmer Paul Hafner Jr. can put mobile homes on his 800-acre farm to house migrant workers, even if the nearby town of Lysander objects. In 1998, Lysander city officials allowed Hafner to place two single-wide trailers for migrants on his property, but refused to allow him to add five more in 1999-2000. Hafner added the trailers anyway, and the court upheld his right to do so.

In 1969, New York voters agreed to amend the state constitution to "encourage the development and improvement of its agricultural lands for the production of food and other agricultural products." A subsequent state law said that local governments "shall not unreasonably restrict or regulate farm operations within agricultural districts ... unless it can be shown that public health or safety is threatened." The Department of Agriculture and Markets, in a brief filed in support of Hafner, argued that "On-farm housing is necessary for several types of farm operations, including dairy, fruit and vegetable and livestock. On-farm housing saves farmers extra time and expense for transportation and the task of managing employees is easier."

DeCoster. DeCoster Egg Farms in Turner, Maine has a history of violating immigration and labor laws and contesting fines for violations. DeCoster is the largest brown-egg producer in the US, with 4.5 million chickens producing 20 million eggs a week.

On June 1, 2001, a Maine judge ruled that a settlement that provides $6 million to 800 present and former DeCoster workers was binding. A settlement between DeCoster and the workers for $6 million was reached in February 2000, but was not immediately filed with the court. In December 2001, DeCoster was contesting the $6 million settlement after winning several court rulings. The case began with Benjamin J. Guiliani, an El Paso-born labor relations consultant and activist with the Maine Migrant Workers Advocate Group.

Most of the peak 1,000 employees of DeCoster are Mexicans, and the DeCoster suit is believed to be the first action against a U.S. employer sponsored by a foreign government on behalf of its workers in the US. The Mexican government has spent about $100,000 on behalf of DeCoster workers, and is expected in 2002 to hire a full-time special prosecutor to handle cases of Mexican workers exploited by US employers.

Bill Nemitz, "Egocentric Egg Man Has Not Changed," Portland Press Herald, October 24, 2001. John Caher, "State Right-to-Farm Laws Trump Local Zoning Rule," New York Law Journal, October 19, 2001