Sunday, August 18th, 2019

Judge Rules Government Can Ban Vegetable Gardens Because They’re “Ugly”

Published on September 4, 2016 by   ·   1 Comment

vegetable-garden

 Matt Agorist

Last week, a Miami-Dade judge became the focus of much-deserved anger when she ruled on an ordinance banning front yard vegetable gardens. The village of Miami Shores, according to the ruling, has every right to take legal action against residents who dare to grow food in their own yards because they are “ugly.”

The ruling was a whopping ten pages long as it was filled with legal analysis and definitions of what constitutes a vegetable. Even though she ruled in favor of the ban, Judge Monica Gordo acknowledged that she wasn’t quite sure how a vegetable garden can ruin the aesthetics of one’s property.

However, she stated that the democratically elected government has every right to dictate what constitutes an ugly front yard, and gardens are apparently a contributing factor.

“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,” Gordo wrote.

The court’s decision was based on a three-year long legal battle of Tom Carroll and Hermine Ricketts. They were facing a fine of $50 a day, not for robbing banks, or trafficking humans, or running some other criminal enterprise — but for growing their own food.

For 17 years, the couple grew their own food in their front yard until one day, the state came knocking.

No one was harmed by the couple’s garden, it was entirely organic, and in nearly two decades, not one of their neighbors ever complained.The only injured party in this ridiculous act was the state.

According to the tyrannical legislation, all homeowners are subject to the same absurd constraints. Their yards must be covered in grass — that is the law.

“There certainly is not a fundamental right to grow vegetables in your front yard,” Richard Sarafan, attorney for Miami Shores, said at the start of the case. “Aesthetics and uniformity are legitimate government purposes. Not every property can lawfully be used for every purpose.”

The hubris that it takes to claim that no one has a right to grow vegetables in their front yard is mind blowing. Carroll and Ricketts’ yard is not publicly owned and is not subject to the government’s ‘uniformity’ code — especially when all they are doing is growing food.

This case is different than many of the other gardening cases that arise across the country as the majority of front yard gardens are opposed by Home Owner Associations — not the government. When an HOA tells someone they cannot grow a garden it’s because that person voluntarily agreed to the rules.

Read More HERE

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Readers Comments (1)

  1. Hahahaha more’a like because people are Gettin Wise and Growing there own Food oh p.s the Goverment cant do S#*T since when as GARDENING and Olockments been a Crime ha ha ha ha,




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