A Litigation Article from All-Creatures.org

California Student Wins "Landmark" Legal Case Against USDA About The Health Concerns Of Dairy

From Species Unite
November 2023

A federal law says that any school participating in USDA’s school lunch program effectively says that any cafeteria display, printed material, or layout may not promote beverages other than dairy milk in a way that may detract from dairy milk sales.... The lawsuit came after student Marielle Williamson was told by her school that she could not criticize dairy milk or share information on plant-based milk unless she also provided pro-dairy content.

Background, May 2023: Student Sues School District For Free Speech Violation For Silencing Her Criticism Of Cow's Milk

A California student has won a "landmark" legal case that has raised the issue of the dairy industry’s power and control in schools.

Marielle Williamson, a senior at Eagle Rock High School, was told by her school that she could not share information about plant-based milk or critical of the dairy industry in the school cafeteria unless she provided pro-dairy content as well.

That led Williamson to then sue her school district and the U.S. Department of Agriculture (USDA) earlier this year, for violating her First Amendment right to share information at school about alternatives to cow’s milk and health concerns about dairy consumption.

The free speech lawsuit was filed on the student’s behalf by The Physicians Committee for Responsible Medicine (PCRM), a nonprofit public health advocacy organization that counts more than 17,000 doctor members.

Now, Williamson has won a settlement in the case, with the Los Angeles Unified School District (LAUSD) acknowledging a student's right to speak out against dairy as a matter of free speech.

"Dairy products are bad for health, the environment, and animals, and now students are free to say so loudly and clearly," Deborah Press, associate general counsel at the Physicians Committee, said of the settlement. "This is a huge win for free speech advocates and for critics of dairy in schools who, until today, had been silenced by the threat of censure if there was a perceived criticism of dairy products."

The Dairy Industry’s "Stranglehold" on Schools

By law, "fluid milk," or cow's milk, must be offered at every school lunch and breakfast served under the National School Lunch Program and the School Breakfast Program.

A federal law says that any school participating in USDA’s school lunch program effectively says that any cafeteria display, printed material, or layout may not promote beverages other than dairy milk in a way that may detract from dairy milk sales. This law even extends to water being offered on the lunch line in a way that might interfere with a student taking milk, explains the PCRM, who say that the dairy industry has a stranglehold on students and school meal programs.

Student Williamson had explained her concern about these policies and how they affect many of her classmates who can’t drink cow’s milk. Many people cannot digest lactose, including approximately 95% of Asian Americans, 60% to 80% of African Americans, 80% to 100% of American Indians, and 50% to 80% of Hispanics. About 75% of the Los Angeles Unified School District student population is Hispanic. Not providing appropriate beverages for these students sends the message that their school’s food programs are not meant for them, said Williamson.

But now as a result of Williamson’s settlement earlier this month, LAUSD has issued new guidance to parents on how to obtain soy milk in the lunch line, as well as a memorandum to school principles and food service personnel stressing a student’s right to criticize dairy.

What We Eat Matters: Dairy

Cows are mammals, and just like us, they produce milk to nourish their young. A female cow in the dairy industry is repeatedly inseminated to ensure that she is continuously producing milk. Within hours of giving birth, her calf will typically be removed so that her milk can be taken and sold to humans instead.

As well as animal cruelty, the environmental impact of animal agriculture is devastating and responsible for more greenhouse gas emissions than any other food sector. Milk production alone contributes 2.9 percent of all human-induced GHG emissions. It also contributes significantly to soil degradation and deforestation and pollutes air and water.

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