[Home]  [Headlines]  [Latest Articles]  [Latest Comments]  [Post]  [Mail]  [Sign-in]  [Setup]  [Help]  [Register] 

McCain rips Trump: 'One of the most disgraceful performances by an American president in memory'

Trump condemned as treasonous after press conference with Putin

How Everything is Racist, And You’re a Terrible Person

The big influence of 'Big Pink'

Documents Reveal Two US Soldiers Overheard Plot To Kill JFK—and Were Committed After Reporting It

Fox's Perino: Strzok marriage questions by GOP lawmaker 'felt like a public lynching (Relly? I don't think so, Dana!'

Trump: Strzok's testimony 'a disgrace to our country'

Trump Is Right: Mueller’s Latest Indictment Suggests He’s Conducting A Witch Hunt

Constitutional Conservatives Fail the Drug Test

Chipped Tires

A collision of views as Bath Township calls artist's work 'junk,' heads to court

How Elected Libertarians Are Making the World More Free

The fundamental contradiction of libertarianism

Dinosaur and man walking together

You're killin' me, Smalls. 'The Sandlot' celebrates 25th anniversary

Massachusetts police officer killed after attacked with rock, shot with own gun, officials say

Mike Rowe Responds to Critics Who Don't Like His Move to Christian TV Network

Police: Richmond homeowner shoots intruder several times (San Francisco)

Internet Trolls Really Are Psychos

Adam Smith to Richard Spencer: Why Libertarians turn to the Alt-Right

Libertarians’ reality problem: How an estrangement from history yields abject failure

Family Calls for Help with Suicidal Child, Cops Show Up and Kill Him

Jury Nullifies Georgia Weed Law, Finds Man Not Guilty Despite Admittedly Growing Marijuana

Former Clinton White House Staffer: It's 'Tempting to Beat the Crap out of Rand Paul'

Reality vs Fantasy: President Trump warns Europe is ‘losing its culture’ by allowing ‘millions and millions’ of migrants, PM Theresa May praises their’ fantastic contribution’

Globalization?

NATO’s Problem Is that Europeans Won’t Fight

Trump isn’t attacking NATO. He’s strengthening it.

North Carolina Scientist Proposes Using Cannabis to Combat Invasive Species

Libertarians on Liberty’s Post suppress dissent – Sad.

Why Internet Libertarians are becoming Fascists

Libertarians Are Insane

Julian Assange, CrowdStrike, and the Russian Hack That Wasn’t

Open Question: What is a Christian Libertarian?

Pakistan Hacked the DNC Server and Maybe Hillary’s Illegal Server Too

Indiana has spent over $20 million on cleanup of failed Pence family gas stations

New Mueller indictment reveals that a congressional candidate requested stolen documents from Russian hackers in 2016

New Trump Range Rover promo video with the Queen

The Short, Unhappy Life of a Libertarian Paradise

Let's be honest, America: Dogs are parasites, not man's best friend

Meet The Air Force's $1200 Cup Of Coffee

Rosenstein Delivers Indictments For 12 Russians – Then Buries in Lock-box of DOJ National Security Division…

This Honda lawn mower will go 150 mph

Cop Who Declined to Help Puerto Rican Woman Being Harassed for ‘Un-American’ T-Shirt Resigns

Man Arrested for DUI Tells Cops He Only Drank at Stop Signs, Not While Driving: Police

An Arizona Lawmaker Thought Speeding Was OK Because of His Legislative Immunity

New York's Department of Health Recommends Legalizing Marijuana

US Navy cost increases are worse than the US healthcare system

Mueller indicts 12 Russians for DNC hacking

The Racket Report (Red Light Camera Scammers)


Status: Not Logged In; Sign In

United States News
See other United States News Articles

Title: A Court Says a City Can Squash Your Property Rights Because It Thinks Vegetables are Ugly.
Source: Reason
URL Source: https://reason.com/archives/2017/11 ... peals-court-upholds-citys-vegg
Published: Nov 11, 2017
Author: Baylen Linnekin
Post Date: 2017-11-11 21:29:02 by Deckard
Keywords: None
Views: 75
Comments: 3

ate last month, I had the opportunity to discuss my recent book, Biting the Hands that Feed Us: How Fewer, Smarter Laws Would Make Our Food System More Sustainable, before a Seattle-based group of family and consumer scientists, many of them retired. During my talk, I focused in part on a series of city ordinances around the country that ban people from gardening in their own front yards. As almost always happens, these particular laws, among the countless dozens I discuss in the book, raised the most ire among the audience:

"Why would any city do this? How can a city do this? I hope these people are fighting back!"

One of the most egregious examples I highlighted comes from an ongoing case in Miami Shores, Fla. There, Hermine Ricketts and her husband, Laurence Carroll, had kept a nicely manicured vegetable garden in their front yard for nearly two decades. Then, in 2013, Miami Shores adopted an ordinance that banned vegetable gardens, and vowed to fine violators each day they failed to comply with the law.

The couple sued, arguing, as a local CBS affiliate put it, "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."

Last year, a Florida state court upheld the vegetable-garden ban, on grounds that aesthetic reasons—the city thinks vegetables are ugly—are sufficient justification for a city to ban vegetable gardens.

Last week—a few days after my Seattle talk—a state appeals court ruled in the matter. The court's words are, at first, buoying. The decision begins with an non-exhaustive list of all the things Miami Shores residents may have in their front yards: "garden gnomes, pink flamingos and trolls.... boats and jet skis.... whatever trees, flowers, shrubs, grasses, fruits and berries they desire."

Everything save for vegetables.

Surely, thinks the reader, such a ban cannot stand. Tragically, after the appeals court's ruling, it did just that.

"Though [the plaintiffs'] claims seem compelling, the trial court's well-reasoned, ten-page final order rejecting the appellants' claims correctly acknowledged the difficult procedural posture confronting the appellants and dutifully applied controlling precedent," the appeals court held.

I will concede that the trial court's order is, in fact, 10 pages in length. Well reasoned? The order simply recommends that the proper remedy for Ricketts and Carroll—or anyone else whose right to plant a garden and feed themselves and their family has been trampled on—is to vote for better elected officials in their cities and towns. (It's worth noting that judges in Florida are also elected by voters.)

This is the judicial equivalent of the shruggie: ¯_(ツ)_/¯

It's also a typical, if particularly repugnant, example of the trifling level of scrutiny—known as "rational basis review"—that's commonly applied by our courts.

"In Miami Shores, it is perfectly fine to grow fruit, build a pool, or park a boat in your front yard," says Ari Bargil, an attorney with the Institute for Justice, which represents Ricketts and Carroll, in an email to me in the wake of the court's ruling. "But this decision holds that it['s] perfectly rational for a City to prohibit vegetable gardens, while permitting virtually everything else."

Why ever would Miami Shores adopt such a draconian and unconstitutional measure? What rational basis might city lawmakers have had? These are great questions. Meh.

"City commissioners' motives in adopting ordinances are not subject to judicial scrutiny," the appeals court explains, citing Florida precedent. The particular Miami Shores garden ban is part of the city's zoning laws, an area in which courts often provide cities with almost boundless and arbitrary discretion.

"Prohibitions on gardens such as those in... Miami Shores... arise largely out of zoning regulations," I write in Biting the Hands that Feed Us. "Zoning, supporters contend, is intended to prevent conflicts and nuisances from arising. There's probably some truth to that argument. But sometimes, as in the case of the prohibitions on edible gardens detailed in this chapter, zoning itself becomes the nuisance and the source of conflict."

The problem of gardens and property rights snuffed out by draconian zoning rules is national in scope. In my book, I discuss many other examples of local gardening bans, several of which I first wrote about in a 2012 column, including ones in Oklahoma, Florida, Massachusetts, and Michigan (and have also written about since).

Thankfully, people are fighting back. For that approach to succeed, though, courts have to do their jobs.

"The Florida Constitution protects individuals from wholly arbitrary restrictions on their right to use their property," IJ's Bargil says.

I'm both optimistic and hopeful that Florida's highest court will see that truth and side with Ricketts and Carroll.

Post Comment   Private Reply   Ignore Thread  


TopPage UpFull ThreadPage DownBottom/Latest

#1. To: Deckard (#0)

During my talk, I focused in part on a series of city ordinances around the country that ban people from gardening in their own front yards.

How about they garden in their own back yards like everyone else? Gardens aren't always pretty -- plants die, weeds grow, things get overgrown. Why should the rest of us have look at that crap? We have rights, too.

misterwhite  posted on  2017-11-12   19:11:33 ET  Reply   Trace   Private Reply  


#2. To: misterwhite (#1)

How about they garden in their own back yards like everyone else? Gardens aren't always pretty

The decision begins with an non-exhaustive list of all the things Miami Shores residents may have in their front yards: "garden gnomes, pink flamingos and trolls.... boats and jet skis.... whatever trees, flowers, shrubs, grasses, fruits and berries they desire."

Everything save for vegetables.

“Truth is treason in the empire of lies.” - Ron Paul

Those who most loudly denounce Fake News are typically those most aggressively disseminating it.

Deckard  posted on  2017-11-12   19:37:01 ET  Reply   Trace   Private Reply  


#3. To: Deckard (#2)

"list of all the things Miami Shores residents may have in their front yards: "garden gnomes, pink flamingos and trolls.... boats and jet skis.... whatever trees, flowers, shrubs, grasses, fruits and berries they desire."

Wow! They sure are generous and open-minded to allow all those things. Yet that's not good enough for you? You want more?

Boy. Give you an inch and you take a mile. No pleasing some people, I guess.

misterwhite  posted on  2017-11-12   19:50:46 ET  Reply   Trace   Private Reply  


TopPage UpFull ThreadPage DownBottom/Latest

[Home]  [Headlines]  [Latest Articles]  [Latest Comments]  [Post]  [Mail]  [Sign-in]  [Setup]  [Help]  [Register] 

Please report web page problems, questions and comments to webmaster@libertysflame.com