A Florida couple recently lost yet another battle with their local government in their efforts to protect their right to grow vegetables in their front yard.
Hermine Ricketts and her husband Tom Carroll grew vegetables in their front yard for seventeen years, mostly because their backyard did not receive enough sunlight to sustain their garden. But in May of 2013, the local government of Miami Shores passed an ordinance banning the practice.
Though the ordinance allowed fruit, trees, and garden gnomes and flamingos to remain in front yards, vegetable gardens were outlawed. Property owners were permitted to grow them elsewhere on their property, but the ordinance asserted its right to declare vegetable gardens in the front yard unsightly. The city council claimed it was “protecting the distinctive character of Miami Shores Village.”
Within days, code enforcers came to their property, issued a citation, and threatened to fine them $50 per day if they didn’t eradicate their crops of okra, kale, lettuce, onion, spinach, and dozens of other plants. The couple could not afford the hefty fine and was forced to dismantle their garden
They pleaded with the Miami Shores Code Enforcement Board on two occasions but to no avail.
Represented by the Institute for Justice, a constitutional advocacy organization, Ricketts and Carroll eventually sued the city, kicking off a years-long battle. Last year, circuit judge Monica Gordo sided with the local government.
The couple alleged the ordinance violated their rights under the Florida constitution. CBS Miami summarized that they “argued that the ordinance ran afoul of the Florida Constitution, including that it violated their privacy rights and their right to acquire, possess and protect property.”
Gordo disagreed. Even as she acknowledged that she wasn’t sure how their garden disturbed the aesthetics of the neighborhood, she maintained the government’s right to decide what was visually acceptable.
“Given the high degree of deference that must be given to a democratically elected governmental body … Miami Shores’ ban on vegetable gardens outside of the backyard passes constitutional scrutiny,” she wrote last August.
The couple then contested her decision, taking it to an appeals court. This month, however, a three-judge panel sided with the government yet again, affirming that the ordinance is constitutional. The panel also cited “legal precedents upholding zoning regulations based on aesthetics.”
But as the Institute for Justice previously observed:
“Hermine and Tom never set out to violate the law. The idea of making productive use of their property to grow food just seemed like a smart, economical thing to do. In Miami Shores, however, that sort of self-sufficiency—always a hallmark of the American character—is against the law.”
The Institute for Justice told Anti-Media on Monday that it is reviewing its options moving forward in fighting for Ricketts’ and Carrol’s right to grow food on their own property.
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This makes me angry. Land of the free... yeah right.
Land is free with government rules else we all would be fighting over it even with the rules some are still fighting
Let's all be thankful that we are being protected from these monsters. The audacity of anyone that grows their own food on their own property disgusts me!
@coachrad I really can't understand your beef with these people. Not all fingers are equal and most people try to make do with the available.
What a world.
This is so ridiculous - thanks for doing the research and passing along the story though
A very nice post....thank you for sharing
nice report that is just beautyful about government news
carry on guys
HOW DARE THEM GOVERNMENT DEMONS!!!! STILL IN 2018???
It's just a law... Try and obey... Grow it in your backyard
If Mother Nature isn’t aesthetic, than i don’t know anymore what is.
"she maintained the government’s right to decide what was visually acceptable."
With Trump in charge good luck! What's next novelty plastic pussy mailboxes A OK umerika. But a neat wholesome veg patch, by an elderly couple, what foul abomination is this.
Burnt it to the ground, and erect some plastic mass produced crap in its place immediately.
How about a ruling that doesn't over simplify all situations, just for once.
"their efforts to protect their right to grow vegetables in their front yard."
When was that right established?
Here in my state there is a right to farm but that is not in every state.
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Under normal circumstances the town can intervene in a situation where a neighbor has an nonconforming front yard or there is debris, infestation risk, etc.,in this case though it looked like everything was very neat and proper. I think that the neighbors of these people may have had a lot to do with what happened here...
"Agricultural US Senate bill S-510, passed in June 2010, under the threat of criminal liability forbids to grow, to share, to exchange or to sell the produce grown on garden plots. It also obliges American farmers what to plant, how much, and how to grow. This bill will be published under the title "Act of control over the safety of growing food." The owner of the private garden can get into trouble and become a transgressor of the cultivation of ordinary tomato."
Well, corporate greed is understandable. But where is the government? Because the United States has created the Department of horticultural gardens, control. The police have the right to see what grows the American homeowner in their backyard. And the government is, moreover, to control each and every American. Today, the financial elite provoked the movement "Occupy wall Street", and tomorrow freedom-loving Americans can rise up against the system with weapons in their hands. And the most effective way of dealing with them — starve them to death. Corporations will be enough to stop the supply of food in the supermarkets. But uncle Sam wants to make sure that the dissatisfied population had no food even in your own garden. Therefore, sharing food with neighbors, treat friends with their harvest, as in the good old days in America today is a crime.
It's ridiculous, when I lived in America I was deprived of this same right, now living in Russia I can plant a garden wherever I want.
I do not know which is sadder, the fact that local gov. would pass such a thing, or the fact that the local sheepizens have not ran them out of town , and fixed the problem.
Kinda reminds me of cowboy movies I watched as a kid,were 3-6 bad guys held town in terror,till the good guy arrived from somewhere to save them.
smh.. I am a true underdog supporter,but I have problem with sympathy for those who will not stand up for them self.I am more than willing to help those who try,but those who just sit-stand mutely and take no action,or do not call for help. ... you can not set a domestic animal free in the real world ,they are just an easy meal for the real world.
... Draws circle in the sand and smiles Nothing can hurt me now I am protected! .. lol !!!
Namaste
Time to move. Miami sucks anyway
Wow. Just. Wow.
This is sad! Real sad!
This is not surprising for those who've been awake and understand the long term goals of the Fabians/globalists/Sophists/collectivists/NWO. Here's a link to John Anthony linking Agenda 21 to people's front gardens being dug up.
I know most people on this platform might not agree. I work in Real Estate here in Florida. I also grow my own garden in my backyard. If I lost that right I would go nuts. The local government is only doing this to protect the property values of the other properties surrounding this one. While this may not seem unsightly to some it does appear unsightly for the person next door who is trying to sell their property. Our world is closing in on us everyday. There are simply too many humans living on this planet. Our space is quickly becoming everyones space. Your front yard is a gateway to your space which is viewed and enjoyed by all. All will try to tell the individual what to do in almost every case. The only solution is to move to a less populated space if you wish to stay in the U.S. We aren't really that free here in this country. You gotta play by everyone else's rules.
Nice comment
Distinctive character? Hah!
trying to argue with the government is insanity.
they are deciding outside of natural law, a natural sovereignty, they claimed overt power right here...
to pass laws regulating a freakin' garden? i could see regulating a mess, not mowing the grass, leaving garbage all over... but a garden? that seems more likely a push to prevent its spread as more people seek to grow their own.. more likely it was the food producers seeking to protect their profits.. but you'll never get that out of the officials, but maybe we could see if any donations appeared from 'interesting' parties. i don't know if you could win that way in a corrupt court..
If y'all haven't read Kafa recently it's OK. Just come visit us in Florida.
awsome post, i like to see you helping people with your ideas, lets exchange some idea !
Police state implemented √
When will people wake to this ! 💯🐒