A new zoning ordinance supposedly
designed to “protect the distinctive character” of a community in Miami
Shores, Fla., has forced a couple to rip up their 17-year-old vegetable
garden.
Credit: Institute for Justice
Sure, they could have defied the city’s ordinance, but it would have cost them $50 a day, or $1,500 a month.
Hermine Ricketts and her husband, Tom
Carroll, have maintained a modest vegetable garden in their front yard
for the past 17 years. When the city passed a new zoning ordinance in
May, they suddenly found themselves in violation, according to Watchdog.org.
The zoning ordinance specifically
prohibits vegetables from appearing in front yards. Other things, like
“fruit, trees or even plastic flamingos” are not regulated, Watchdog.org
notes.
After being confronted by the local
code enforcement officer and being denied an exemption twice by the
Miami Shores Code Enforcement Board, the Florida couple gave in and
ripped their garden up. They just couldn’t afford to give the city
$1,500 a month so they could continue growing vegetables.
However, they are now taking the city to court.
The Institute for Justice, a nonprofit libertarian leaning legal aid group, filed a lawsuit Tuesday on the couple’s behalf. They aren’t suing for money, but rather the right to grow vegetables on their property.
“If the government can tell you what
you can and can’t do in your front yard, what else can they decide is
off-limits?” Institute for Justice attorney Ari Bargil said.
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