Kalamazoo Area Soil Friends Farm Has Filed 12-Count Federal Lawsuit Against Comstock Twsp.

Just over a year ago, Comstock Township shut down the Galesburg farm Soil Friends, in a controversial move and decision. That decision may now come back to haunt them, as Soil Friends Owner and founder Ben Martin has announced he has officially filed a 12-count Federal Lawsuit against the township and the individuals representing it.

In a Press Release made by Soil Friends of Galesburg, they state the reasons they feel they have been discriminated against was unconstitutional: READ MORE BELOW

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The federal lawsuit filed by Soil Friends LLC comes on the heels of ongoing persecution of the small family farm and cidery by Comstock Township and individuals within the Township. Soil Friends LLC will exhaust all legal remedies to ensure their rights under the Constitution and laws are protected, in order to create a livelihood for their children and future generations.

 

Soil Friends File 12-Count Federal Lawsuit Against Comstock Twsp

The 12 counts that they are pressing charges for are as follows:

● FIRST AMENDMENT RETALIATION (42 U.S.C. § 1983)
● UNCONSTITUTIONAL CONDITIONS
● VIOLATION OF DUE PROCESS (42 U.S.C. § 1983)
● REGULATORY TAKINGS (Fifth and Fourteenth Amendment)
● CONSPIRACY TO INTERFERE WITH CIVIL RIGHTS (42 U.S.C. § 1985)
● STATE LAW PREEMPTION BY MICHIGAN LIQUOR CONTROL CODE
● STATE LAW PREEMPTION BY MICHIGAN RIGHT TO FARM ACT
● TORTIOUS INTERFERENCE WITH A BUSINESS RELATIONSHIP
● DEFAMATION UNDER STATE LAW
● VIOLATION OF MICHIGAN’S OPEN MEETINGS ACT
● INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS UNDER STATE LAW
● CIVIL CONSPIRACY

Soil Friends Claim They Have Proof of Discrimination

Ben claims that he was denied services needed at the farm because of conversations that took place between said contracted workers and members of Comstock Twsp. He feels and claims this is breaking the First Amendment. A lot of the animosity comes from Facebook posts Soil Friends made, criticizing the elected officials, which Ben says is part of their 1st Amendment rights:

The right of an American citizen to criticize public officials and policies is the central meaning of the First Amendment to the United States Constitution. Persons violating the First and Fourteenth Amendments under color of state law are liable under 42 U.S.C. § 1983. The repeated denials and onerous burdens placed on Soil Friends, by Defendants and others, in seeking their approval for special exception use, was and continues to be retaliation against Plaintiffs’ engagement in protected speech, which violates the First Amendment.

 

Lost Funds Because of November 2022 Shutdown

November 2022 resulted in a loss of over $60,000.00 in product spoilation alone, which was caused by the total shutdown of the business.

The full lawsuit and complaint can be read below, which the owners feel provides more than enough proof to receive compensation for the harassment they say they've gone through since this whole thing began.

Soil Friends Federal Lawsuit Official Complaint