United States News
See other United States News Articles
Title: Judge Rules Town Can Ban Vegetable Gardens Because They’re Ugly
Source:
Off-Grid News
URL Source: http://www.offthegridnews.com/curre ... e-gardens-because-theyre-ugly/
Published: Aug 30, 2016
Author: Staff
Post Date: 2016-08-31 16:36:13 by Deckard
Keywords: None
Views: 1825
Comments: 13
MIAMI – In a blow to freedom and property rights, a Florida judge has ruled that residents of Miami Shores do not have a fundamental right to grow vegetables in their front yard, even if they don’t have a backyard or their backyard is deficient for growing plants. Miami Shores officials say the ordinance benefits neighborhood aesthetics. The ruling by Circuit Court Judge Monica Gordo is a blow to the well-publicized case of Hermine Ricketts and Tom Carroll, a married couple who say their backyard is too shady to grow a garden. The couple grew vegetables in the front yard for 17 years for health and financial reasons until the Miami Shores village government passed an ordinance banning front yard vegetable growing. Ricketts and Carroll were facing a $50-a-day fine. “This Court is not convinced that the prohibition of front-yard vegetable gardens impairs any fundamental right” Gordo wrote in her Aug. 25 opinion. “… The Court finds that the prohibition of vegetable gardens except in back yards is rationally related to Miami Shores’ legitimate interest in promoting and maintaining aesthetics.” She added that “protecting aesthetics is a legitimate government purpose.” The couple was represented by the Institute for Justice, which offered experts who argued that vegetables “do not have an intrinsically good or bad visual quality” and “are not aesthetically degrading,” but Gordo wrote that the city’s law was a “value judgement” that she would not second guess. The Institute for Justice said it will appeal the ruling. “Today’s ruling affects every homeowner in Miami Shores who wants to grow a garden in their front yard,” said Institute for Justice attorney Ari Bargil. “The court agreed that Miami Shores never explained how banning front-yard vegetable gardens promotes its claimed interest in ‘aesthetics,’ but the court nevertheless ruled that the village has the power to ban these gardens anyway.” Their garden was known as one of the more attractive ones in the area. “I am disappointed by today’s ruling,” Ricketts said. “My garden not only provided us with food, but it was also beautiful and added character to the community. I look forward to continuing this fight and ultimately winning so I can once again use my property productively instead of being forced to have a useless lawn.” Bargil noted that if Ricketts and Carroll wanted to “grow fruit or flowers or display pink flamingos,” the town would have been fine with it. “They should be equally free to grow food for their own consumption, which they did for 17 years before the village forced them to uproot the very source of their sustenance,” he added.
Post Comment Private Reply Ignore Thread
Top • Page Up • Full Thread • Page Down • Bottom/Latest
#1. To: Deckard (#0)
(Edited)
Hermine Ricketts and Tom Carroll should sell their property there in Miami Shores. Then buy a piece of property in the county that is in an unincorporated location. And pick one that is not in danger of being annexed. Si vis pacem, para bellum Those who beat their swords into plowshares will plow for those who don't Rebellion to tyrants is obedience to God. if you look around, we have gone so far down the the rat hole, the almighty is going to have to apologize to Sodom and Gomorrah, if we don't have a judgement come down on us. President Obama is the greatest hoax ever perpetrated on the American people. --Clint Eastwood "I am concerned for the security of our great nation; not so much because of any threat from without, but because of the insidious forces working from within." -- General Douglas MacArthur
Is this the best Orwellian shit you have? Another Nazi LOCAL ORDINANCE yella article? When are the FEMA death camps coming, asshole?
I'm the infidel... Allah warned you about. كافر المسلح
She added that “protecting aesthetics is a legitimate government purpose.” [...] Gordo wrote that the city’s law was a “value judgement” that she would not second guess. Sound judicial reasoning. A government strong enough to impose your standards is strong enough to ban them. Only if suddenly deciding after 17 years that the garden was a bad thing to have constitutes "sound judicial reasoning". Apparently vegetable gardens are not as "aesthetically pleasing" as flowers, fruit trees and pink flamingos. Don't you have an anger management session to attend Sport?
The judge didn't thus reason, the village government did. Whether their reasoning was sound is a completely different question. A government strong enough to impose your standards is strong enough to ban them. So let me get this straight: you want to REDUCE the chance that he dies of a stroke at his keyboard? A government strong enough to impose your standards is strong enough to ban them. So let me get this straight: you want to REDUCE the chance that he dies of a stroke at his keyboard? That's hilarious! There's still that chance. I always figured he'd get arrested for killing someone driving a car sporting a Ron Paul bumpersticker and say he feared for his life. OK, but it seems to me that having no problems for 17 some years would at least allow the family to be "grandfathered" in and be allowed to keep the garden until they sold the house. It's the fact that the ruling was arbitrary and directed solely at them. Personally, if I was their neighbor, I wouldn't have a problem. If their yard was littered with pink flamingos, I'd find that more of a nuisance. That's what the ordinance does. The ordinance says rear yards only. A sign in the yard says, "ALL PLANTS ARE VEGETABLES." The ordinance only speaks to vegetables. Despite the yard sign, tomatoes are fruit, not vegetables. Tomatoes might work until the ordinance is amended to include tomatoes. The Court could always hold that tomatoes are vegetables for purposes of the ordinance, despite the fact that they are not vegetables. Cite Nix v. Hedden, 149 U.S. 304 (1893). "Tomatoes are 'vegetables,' and not 'fruit,' within the meaning of the Tariff Act of March 3, 1883."
Since smoking weed is illegal, I manage my anger by pounding the Shit out of libtards and anarchist. Works like a charm. I'm the infidel... Allah warned you about. كافر المسلح
The ordinance may have been arbitrary and directed solely at them - the ruling was judicial restraint. A government strong enough to impose your standards is strong enough to ban them. Perhaps, Judge Monice Gorda should be banned because she's fugly.
"
#2. To: Deckard (#0)
(Edited)
#3. To: Deckard (#0)
“… The Court finds that the prohibition of vegetable gardens except in back yards is rationally related to Miami Shores’ legitimate interest in promoting and maintaining aesthetics.”
#4. To: ConservingFreedom (#3)
Sound judicial reasoning.
“Truth is treason in the empire of lies.” - Ron Paul
"America is at that awkward stage. It's too late to work within the system, but too early to shoot the bastards."
#5. To: GrandIsland (#2)
“Truth is treason in the empire of lies.” - Ron Paul
"America is at that awkward stage. It's too late to work within the system, but too early to shoot the bastards."
#6. To: Deckard (#4)
Only if suddenly deciding after 17 years that the garden was a bad thing to have constitutes "sound judicial reasoning".
#7. To: Deckard (#5)
an anger management session to attend
#8. To: ConservingFreedom (#7)
an anger management session to attend
“Truth is treason in the empire of lies.” - Ron Paul
"America is at that awkward stage. It's too late to work within the system, but too early to shoot the bastards."
#9. To: ConservingFreedom (#6)
The judge didn't thus reason, the village government did. Whether their reasoning was sound is a completely different question.
“Truth is treason in the empire of lies.” - Ron Paul
"America is at that awkward stage. It's too late to work within the system, but too early to shoot the bastards."
#10. To: Deckard (#0)
“Today’s ruling affects every homeowner in Miami Shores who wants to grow a garden in their front yard,” said Institute for Justice attorney Ari Bargil.
Vegetable gardens are permitted in rear yards only
#11. To: Deckard (#5)
#12. To: Deckard (#9)
It's the fact that the ruling was arbitrary and directed solely at them.
#13. To: Deckard (#0)
Top • Page Up • Full Thread • Page Down • Bottom/Latest
[Home] [Headlines] [Latest Articles] [Latest Comments] [Post] [Mail] [Sign-in] [Setup] [Help] [Register]