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State Fair properly stripped champion sheep title, but penalties merit hearing

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The Indiana State Fair Board’s decision to strip a winner of his grand champion sheep prize will stand, but the 4-H’er was entitled to a hearing on penalties, the Indiana Court of Appeals ruled Friday.  

Jordan Parker was awarded 2011 Grand Champion Market Lamb and his animal raised $23,000 at the state fair Sale of Champions, but a drug screen after the sheep was slaughtered detected the presence of a feed additive for cattle not FDA-approved for sheep. Parker and his parents deny administering the prohibited feed additive.

After the positive drug test on the sheep, Parker lost not just the title, but also the auction sale prize money. He also was banned for two years from the sheep department and permanently banned from state fair 4-H sales. He faces a lifetime ban from participating in any state fair activities upon further infractions.

When Parker’s parents challenged the drug test results and sought to independently test the samples, they were informed the samples had been exhausted. They claimed among other things that Jordan had a property right in the lamb, he was deprived a due process hearing to challenge the drug test results, that the punishment was excessive, and that the fair board’s policy considering drug test results final and binding was unconstitutional.

On appeal of the fair board’s judicial review, a Marion Superior judge granted summary judgment in favor of the board, and the Court of Appeals affirmed in part, reversed in part and remanded, holding that the Parkers had agreed to terms and conditions set forth in the State Fair/4-H handbook.

“They agreed to be bound by the Handbook, including its requirement that the drug testing was ‘final and binding,’” Judge Michael Barnes wrote for the panel in Jordan Parker, a minor, individually, and by James Parker and Cheryl Parker, as Natural parents and next friends of Jordan Parker v. Indiana State Fair Board, an agency of The State of Indiana, 49A02-1212-PL-1003.   

But the panel ordered the trial court to conduct a further, narrow hearing.

“However, because the summary judgment motions addressed only the admissibility of the drug test results, we conclude that Jordan was entitled to an evidentiary hearing regarding the penalties imposed on him,” Barnes wrote.
 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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