Winery owner is FINED $100,000 by Democratic county for incredible kind act towards top staffer and his family
A vineyard owner is suing a California county after he was fined for allowing his vineyard manager and family to live on his property for free.
Michael and Kellie Ballard, owners of Savannah-Chanelle Vineyards, have allowed Marcelino Martinez and his family to stay on their 60-acre property in Saratoga.
Martinez asked in 2013 if he could put a mobile home on the property after he could not find affordable housing in the area for him and his family, and the couple happily agreed.
Martinez said if the Ballard family hadn’t come to help, he and his family would have had to quit their jobs and move out of the area altogether.
In 2017, Santa Clara County learned of the trailer and informed them that it was illegal to live in a trailer in the area. Officials asked Ballard to evict the family or face fines.
The county fined the couple a total of $120,000, despite plans to fix the problem, and the Ballards are suing them over the decision.
Michael and Kellie Ballard, who run Savannah-Chanelle Vineyards, have allowed Marcelino Martinez and his family to stay on their 60-acre property in Saratoga
The Ballards are now trying to challenge the fines, arguing that the Constitution’s Excessive Fines Clause requires that fines be proportionate to the offense.
The fines were not imposed by a judge or jury, but by a county official called the hearing officer.
The Ballards agreed to let the family remain on the land and help them build a permanent home on their 150-acre plot.
Due to delays caused by Covid-19 and other issues, their plan has still not materialized.
Michael Ballard told Injustice for Justice: ‘We first had contact with the province in 2017. An inspector came by and told us that we had to remove the caravan from the site.
Martinez asked to put a mobile home on the property in 2013 after being unable to find affordable housing in the area for him and his family.
In 2017, Santa Clara County learned of the trailer and informed the Ballards that it was illegal to live in a trailer in the area
They said they were doing this because we were causing a nuisance.
“For some reason, it doesn’t make sense that the Martinez family lives in a mobile home on a 150-acre piece of land where no one can see them and where they don’t come into contact with anyone. That could be perceived as a nuisance.”
“When they started imposing fines, they were such bullies. They came here and said they were going to make us pay $1,000 a day until we evicted the Martinez family.”
“The Martinez family is like family to us, when you go through those kinds of human experiences, there’s a bond that forms. There was just no way we were going to put these people out on the street.”
The Ballards agreed to let the family stay on the land and help them build a permanent home on their 150-acre parcel.
The fines were not imposed by a judge or jury, but rather by a county official called a hearing officer.
Marcelino Martinez said: ‘It’s very hard to live in San Jose, everything is so expensive. Paying rent and buying food is very expensive.
“The schools in Saratoga are very good schools, that’s where my kids go – a very good school. I want them to stay there.”
“I don’t understand the fines, I want them to stop fining Mike. We’re not hurting anyone, it’s just Mike and me – we don’t have any neighbors nearby.”
The lawsuit argues that separation of powers and jury trial guarantees require that every American facing a fine have the right to defend themselves in court.
According to attorneys representing the Ballards, the county’s fines and procedures “violated all of those rights.”
DailyMail.com has reached out to Santa Clara County for comment on the lawsuit.