A teenage boy’s fishing bait stand, stocked with worms, sodas and candy, is a threat to government order. Max McKinney’s home-built, 6’-by-15’ shed perched at the end of his farm driveway in Spooner, Wis., has been deemed a zoning violation and shut down by county officials.
After snapping photographs of the stand as proof of McKinney’s assault on county code, zoning officials issued a cease-and-desist letter, ordering closure under penalty of daily fines.
“It’s hard to believe,” says McKinney, 15. “I’m angry and sad at the same time. I thought I was working hard and doing the right thing. Instead, they say I broke their regulations.”
Thou shalt not bootstrap, thus declareth the county?
Red Wigglers and Bobbers
“Who threatens a 15-year-old over selling ice cream, worms and t-shirts on a farm?” asks McKinney’s grandfather, Tom Foss, 65, a retired Washburn County farmer. “The answer is bullies and bureaucrats. This story is about as un-American as it gets. We’re out in the country on a farm, so just leave us alone.”
McKinney is a workhorse: No lounging in a bedroom playing video games or scrolling an iPhone. He handles three summer jobs as a canoe rental crew member, little league umpire and babysitter. A bait stand was supposed to be his fourth job.
“I started planning for summer and thought a bait stand on the farm would be perfect to work on the weekends and maybe make a little money,” McKinney says. “I want to be a doctor in the future, and I’m willing to work hard and save money any way I can.”
“I was proud because I decided to put the stand at the same spot where my grandfather has sold crops and vegetables since he was my age, at the end of our farm driveway.”
When McKinney approached his grandfather and asked for permission, Foss was extremely proud. “We encouraged Max,” Foss exclaims. “We were excited that he took the initiative. It’s special to see your grandson following along in learning how to work.”
Almost at the edge of Spooner Lake, Foss’ driveway is part of an 80-acre farm, the last sliver of land representing decades of production in dairy, alfalfa, grain, and vegetables. Since 1976, Foss has hauled deer corn, pumpkins, squash, eggs, wood, and golf balls to end of the drive for roadside sale in a wagon, stand, or atop benches.
In late fall 2024, as a high school sophomore, McKinney raised worms for months in his parent’s garage, preparing for lakeside sales to coincide with the kickoff of fishing season in May 2025.
As school time allowed, McKinney and his cousin, Jax Foss, 14, hammered and sawed for three weeks under a pole barn at the farm. They built a 6’-x-15’ shed on skids, covering the studs with board and batten, and topping the lumber with tin.
In early May, McKinney hooked a pickup truck to the makeshift shed, pulled it down the blow-sand driveway to the opening of the farm entrance, and prepared for business on the first weekend in May.
“Mainly, I stocked the worms I raised, but I added snacks, water, soda, several kiddie fishing poles, bobbers, and some t-shirts printed with my stand name: Spooner Lake Bait Store. Then I waited for customers and it was awesome because people stopped by and encouraged me.”
McKinney’s friends and family took big note of his efforts. So did Washburn County zoning officials.
Cease and Desist
On May 14, after McKinney’s second weekend of sales, Washburn County snail-mailed a letter to Foss, declaring McKinney’s bait stand a “general merchandise store,” and ordering closure — because the stand lacked proper “Residential Recreation” zoning.
From the letter: Because this is not a permitted use within Agricultural Zoning, you must cease all operations as a bait store and small general merchandise store immediately. You have 14 days from the date of this letter being sent out, 5-14-2025, to remove structure from the property.
Signed by Hunter Denison, Washburn County zoning land use specialist, the letter concluded with a warning: If you do not rectify the violations within the allotted time given, you may be issued a citation or a daily forfeiture …
“Are you kidding?” Foss asserts. “They wrote a letter to slam the door on a 15-year-old selling worms? They couldn’t even come talk to us? They never even walked up to Max’s stand. They couldn’t have even known for certain what items were inside.”
Foss’ claim is correct. When contacted by AgWeb, Washburn County Zoning Administrator Dale Beers acknowledged no county representative visited McKinney’s stand, interviewed McKinney on-site or spoke with McKinney before or after the violation notification was issued.
According to Beers, a county official drove by Foss’ farm and took pictures of McKinney’s bait stand from the road. (AgWeb requested copies of the photos used as evidence against McKinney. Washburn County did not provide the pictures.)
“I never saw anyone from the zoning office while I was working the stand,” McKinney echoes. “Nobody from the office ever walked up and talked to me, or looked around, or asked me any questions.”
“Instead, they mailed a letter,” McKinney continues. “They sent it to my grandfather and he drove over and told me the news. I didn’t know what to say because I was so surprised. It was hard to believe it was real.”
Outlaw Entrepreneur
“Age does not matter to our ordinances,” Beers says.
“Under agricultural zoning in this county, you can have a roadside stand, but only for fruit, vegetables or ag products,” Beers adds. “He has a bait store. That is not allowed.”
Considering McKinney only operated at the end of the farm driveway for two weekends, how did the zoning office become aware of the teen’s farm stand? According to Beers, a “concern” was submitted by a local citizen, triggering county action. Beers contends the zoning office “did not get the name,” of the complainant.
What is the “daily forfeiture” penalty threatened by the county for continued operation of the bait stand? According to Beers, county officials are “not certain” regarding the penalty or fine amount.
The county’s position is absurd, Foss contends. “It’s laughable. It’s unreasonable. Max’s crime is making $100 on a weekend? No way.”
Foss filed a formal complaint days after receiving the county’s cease-and-desist letter. “I went into the main office and the officials were defensive right away. I requested a site visit and asked them to come take a look at Max’s stand. They refused. Their response was, ‘Our decision is final,’ and they also said, ‘No stores allowed,’ while talking about a boy selling worms and t-shirts. The whole thing is beyond crazy.”
The forced closure of McKinney’s bait stand is indicative of a deep “disconnect” between rural America and government at multiple levels, Foss says.
“We stand up for the plain truth and common sense. There’s no way this type of bureaucratic crackdown on a kid selling bait would have happened when I was a teen in the 1970s. Things have changed to an alarming degree that’s very, very serious. I see these overregulation stories from all over the country.”
“People should be disgusted by this because it doesn’t pass the smell test,” Foss concludes. “Nickel-and-dime a 15-year-old on a farm over zoning like he’s an outlaw? No. My grandson, Max, is the kind of kid this country needs more of.”
For more from Chris Bennett (@ChrisBennettMS or cbennett@farmjournal.com or 662-592-1106), see:
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Organic Implosion: How Two Grifters Cooked $50M In Fake Fertilizer and Rocked Agriculture
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