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Title: Florida Will Generously Allow Homeowners to Garden in Their Own Yards
Source: Activist Post
URL Source: https://www.activistpost.com/2019/0 ... garden-in-their-own-yards.html
Published: Apr 9, 2019
Author: Dagny Taggart
Post Date: 2019-04-10 11:04:33 by Deckard
Keywords: None
Views: 201
Comments: 10

By Dagny Taggart

If you live in Florida and want the freedom to plant food on your own property, I have great news for you.

Late last month, the Florida Senate affirmed the right of self-reliant people statewide to grow vegetable gardens in their front yards.

Here are some details on the bill from the Miami Herald:

The 40-member Senate vote was 35-5.

Sen. Rob Bradley’s SB 82 prohibits a county or municipality from regulating vegetable gardens on residential properties, voiding any current regulations regarding the produce patches.

Local governments, however, can still adopt a local ordinance or regulation that doesn’t specifically target vegetable gardens, like regulating water during drought conditions, limiting fertilizer use or controlling invasive species.

A couple was forced to rip out their garden.

While it might seem odd that people would need government permission to grow food on their own property, the bill was passed in response to a legal dispute about an ordinance in Miami Shores that banned gardens from being planted in front yards.

In 2017, Hermine Ricketts and Tom Carroll, who had a vegetable garden in their front yard for 17 years, were told they could grow flowers in their front yard, but the fresh produce had to go, reports Treehugger:

Hermine Ricketts and Tom Carroll, indignant at the fact that vegetables were deemed more offensive than boats, RVs, jet skis, statues, fountains, gnomes, pink flamingoes, or Santa in a Speedo in one’s front yard, took their case to the Florida Supreme Court, which ruled in favour of Miami Shores’ right to control design and landscaping standards. In other words, it was a loss for Ricketts and Carroll. (source)

“It’s all about conformity. Miami Shores wants to be a mini Coral Gables,” Ricketts said. “What is the definition of edible? I can go into any front yard and find something edible because every plant has an edible part.”

“That’s what government does – interferes in people’s lives,” Ricketts told the Miami Herald in December 2017. “We had that garden for 17 years. We ate fresh meals every day from that garden. Since the village stepped its big foot in it, they have ruined our garden and my health.”

The couple faced heavy fines for their front-yard garden.

Ricketts and Carroll didn’t face jail time for daring to have a garden, but they did face $50 fines – DAILY – after the village amended its ordinance in 2013.

Back in 2017, the Miami Herald reported:

They had to dig up their garden, which won’t grow in their north-facing backyard because of a lack of sun. But they have continued to fight Miami Shores in court with help from the Institute for Justice, a national non-profit libertarian law firm.

“This decision gives local governments tremendous leeway to regulate harmless activities in the name of aesthetics,” said Institute lawyer Ari Bargil. “It gives government the power to prohibit homeowners from growing plants in their front yards simply because they intend to eat them.” (source)

An appeals court upheld a ruling that the couple does not have a constitutional right to grow vegetables in their front yard in November 2017.

In March of this year, the couple had a big win.

The front-yard garden ban got the attention of enough senators, and a new bill passed in mid-March that states that Floridians are now able to grow fruit and vegetables in their front yards without fear of local government fines.

The Miami Herald reports that Republican Senator Rob Bradley sponsored the bill and described it as a “vast overreach.” Given how many food deserts exist and how hard it can be for many families to access fresh and affordable food, such bans are an absurd step in the wrong direction. Bradley said,

The world is changing when it comes to food. There’s a big interest when it comes to locally sourced food or organic products. It is our role, our duty to review decisions that are made in the courts that uphold local government actions that violate property rights in the State of Florida … When you own a piece of property, you should be able to grow food on that property for your family’s consumption. (source)

Bargill, the lawyer who represented Ricketts and Carroll, said he is pleased with the new legislation, and added that he “looks forward to the day where no Floridian would worry about crippling fines for the offense of growing cabbage.”

This bill is a great start and may inspire others to follow suit.

The bill only preempts local government rules, not restrictions set by homeowners’ associations or other groups, but it is a move in the right direction, explains Treehugger:

But it’s a great start, and one that will hopefully inspire others to rip up their useless grass and plant some useful vegetables instead. The more front-yard vegetable gardens there are, the more normalized it will become – and the more secure the food system will be, too. (source)

What do you think?

Should governments regulate what kind of gardens people grow in their yards? What do you think about front-yard gardens? (1 image)

Post Comment   Private Reply   Ignore Thread  


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#1. To: Deckard (#0)

What do you think about front-yard gardens?

They tell me the owners are rude and inconsiderate people who deserve to be scorned and ostracized by their neighbors for garbaging up the view and lowering property values.

misterwhite  posted on  2019-04-10   11:33:24 ET  Reply   Trace   Private Reply  


#2. To: misterwhite, *The Two Parties ARE the Same* (#1)

garbaging up the view and lowering property values

What really lowers property values is a Hillary/Trump sign in the front yard.

Who wants to live near a TrumpTard, or even a HillTard?


Hondo68  posted on  2019-04-10   12:42:35 ET  (1 image) Reply   Trace   Private Reply  


#3. To: Deckard (#0)

What do you think about front-yard gardens?

To be honest, it should depend on the zoning.

Why??

Because it is NOT fair if one slob's negligence cost me value based on the original zoning limitations and deed restrictions.

Liberator  posted on  2019-04-10   14:16:46 ET  Reply   Trace   Private Reply  


#4. To: misterwhite (#1)

I concur.

Liberator  posted on  2019-04-10   14:17:03 ET  Reply   Trace   Private Reply  


#5. To: hondo68 (#2)

What really lowers property values is a Hillary/Trump sign in the front yard.

Who wants to live near a TrumpTard...

Bwaaaahaaaa!!!

How's the weather at your un-inhabited Pacific outpost today?

Who is opposing the Hondo-Wilson ticket this year?

Liberator  posted on  2019-04-10   14:24:24 ET  (1 image) Reply   Trace   Private Reply  


#6. To: Liberator, Javanka, Midnight Basketball, Climate Change, New York Values (#5)

Slack jaw Climate Change Republicans of Trump Tower, meet with algore for Midnight Basketball.

An Inconvenient Truth.


Hondo68  posted on  2019-04-10   14:50:34 ET  (1 image) Reply   Trace   Private Reply  


#7. To: hondo68 (#2)

What really lowers property values is a Hillary/Trump sign in the front yard.

If my neighbor wants to plant a small garden once every four years for 4-6 weeks, fine.

misterwhite  posted on  2019-04-10   15:02:00 ET  Reply   Trace   Private Reply  


#8. To: hondo68 (#6)

I don't get it... but I laughed.

Gore looks unhealthy. Selling one's soul never is.

Liberator  posted on  2019-04-10   15:06:59 ET  Reply   Trace   Private Reply  


#9. To: Deckard (#0)

These people who grow gardens in their front yards are an affront and traitors to the American Farmer. Just where would our farmers be if everyone followed this example? Next we'll be allowed to print our own money.

Liberals are like Slinkys. They're good for nothing, but somehow they bring a smile to your face as you shove them down the stairs.

IbJensen  posted on  2019-04-10   16:12:01 ET  Reply   Trace   Private Reply  


#10. To: hondo68 (#6)

Wonder whose throat this man bear pig is shoving his tongue down? Tipsy had quite enough of this bloated asswipe.

Liberals are like Slinkys. They're good for nothing, but somehow they bring a smile to your face as you shove them down the stairs.

IbJensen  posted on  2019-04-10   16:13:43 ET  Reply   Trace   Private Reply  


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