A ruling striking down the ban on genetically engineered crops in Josephine County, Ore., is being appealed by supporters of the ordinance.

The prohibition was passed by voters in 2014 but overturned in May by Josephine County Circuit Court Judge Pat Wolke, who held that state law clearly pre-empted local regulations of genetically modified organisms, or GMOs.

Oregonians for Safe Farms and Families, a nonprofit, and Sisikou Seeds, an organic farm, defended the GMO ban in court and have filed a notice informing the judge that they will appeal his decision.

Mary Middleton, executive director of OSFF, said the group continues to believe in local control and wants to vindicate the will of voters who created the GMO-free zone.

“Winning sets a precedent for the rest of the state,” Middleton said.

Middleton and other supporters of the GMO ban feared that biotech crops will cross-pollinate with organic and conventional ones, ruining their marketability.

Farmers Robert and Shelley Anne White filed a lawsuit against the ordinance last year because they wanted to plant genetically engineered sugar beets.

Wolke agreed with them that state lawmakers disallowed such local restrictions in 2013, rejecting arguments that the pre-emption law was unconstitutional.

John DiLorenzo, attorney for the plaintiffs, said he’s confident the Oregon Court of Appeals will affirm the decision, preventing county-by-county litigation if other local governments pass similar GMO bans.

“That’s why I’m not opposed to an appeal. I think we’ll establish a state rule,” he said.

Currently, Oregon’s Jackson County is the only jurisdiction where a GMO ban is allowed under state law.

The initiative on Jackson County’s ordinance was already on the ballot when the Oregon Legislature approved the statewide pre-emption statute, and it has since been upheld by a federal judge.

However, county restrictions on GMOs have come under fire in the 9th U.S. Circuit Court of Appeals, which has been asked to decide whether such local regulations are allowed under federal law.

Meanwhile, DiLorenzo is seeking $29,000 in attorney fees from OSFF and Siskiyou Seeds, alleging that some of their legal arguments lacked an “objectively reasonable basis.”

The non-profit and farm have objected to this request, arguing it would have a “chilling effect” on other groups that want to “challenge unjust laws that impact local communities,” according to a court document.

Siskiyou Seeds owner Don Tipping said the $29,000 award would result in “great financial harm” for his company, since “farming is typically close to a breakeven livelihood,” according to the document.

Middleton of OSFF said in the document that the requested amount is greater than the group’s operating budget for the GMO ban campaign, so being forced to pay it “may result in shutting down and/or dissolution of the entire organization.”