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

vegetable-garden

Miami, FL — 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.”

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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.

Unlike members of HOAs, however, Carroll and Ricketts never agreed to these arbitrary constraints on their private property, which happened to be imposed on them nearly two decades after they’d been growing their own food.

While Ricketts and Carroll are upset over the ruling, the do not plan on backing down anytime soon.

“I am disappointed by today’s ruling,” Ricketts said in a statement to the Miami Herald. “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.”

According to the report in the Miami Herald:

The upscale village in Northeast Miami-Dade has long insisted it had every right to regulate the look of the community. At a hearing in June, the village’s attorney said vegetable gardens are fine in Miami Shores, as long as they remain out of sight in the backyard.

“There is no vegetable ban in Miami Shores,” Sarafan told the judge. “It’s a farce. A ruse.” However, it’s not a farce. People cannot grow food in their front yards because the government thinks they are unsightly.

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“They can petition the Village Council to change the ordinance. They can also support candidates for the Council who agree with their view that the ordinance should be repealed,” Gordo wrote.

However, that is what this couple has been doing for years. Changing the system from within has had zero effect.

The irony here is that had Carroll and Ricketts been growing their garden in the backyard, spraying gallons of glyphosate and permethrin into the air, the city would have been entirely fine with it. Only when this innocent couple dares to grow food in their front yard, violating the “aesthetics and uniformity” of their control freak government, do they ever hear a word.

“If Hermine and Tom wanted to grow fruit or flowers or display pink flamingos, Miami Shores would have been completely fine with it,” said their lawyer, Ari Bargil with the Institute of Justice. “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.”

In modern day America, growing your own food has now become a revolutionary act.

Matt Agorist is an honorably discharged veteran of the USMC and former intelligence operator directly tasked by the NSA. This prior experience gives him unique insight into the world of government corruption and the American police state. Agorist has been an independent journalist for over a decade and has been featured on mainstream networks around the world. and now on Steemit.

Courtesy of The Free Thought Project

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  • Call Me Mom

    No fundamental right to grow your own food or use your property in the way that gives you the most enjoyment? Yes there is. It is one of the many un-enumerated, but self evident rights imo. If you own land that can produce vegetables, you have the right to grow vegetables on it.

    “Aesthetics and uniformity are legitimate government purposes.”? No they are not. At least not in the America envisioned by the founders. Get your government under control.

  • Tonya Parnell

    HERE’S A THOUGHT-Get a funeral home to loan you a cheap lightweight coffin or make your own; call a press conference, especially NY Times, march in front of that court house or wherever it does the most good. Make protest signs; one should read: “This is what happens to you when you cannot eat.” YOU WILL GET ATTENTION

  • Jonathan Brooks

    This is about and only about Agenda 21, and the Feds, who do not want anyone growing any garden anywhere, because it disrupts the control of the globalists and the Food cartel. This same crowd claims to OWN the rain, and say you cannot collect it for your use, and that The Feds can even say that having access to water is NOT a right, even if you will die without it. The globalists are psychotics that want total dominance, and no challenge to total power of the State.

  • They don’t even want us to obey God while functioning as NWO slaves.

    Jeremiah 29:28
    For therefore he sent unto us in Babylon, saying, This captivity is long: build ye houses, and dwell in them; and plant gardens, and eat the fruit of them.

  • Dennis Habern

    “MIRROR, MIRROR ON THE WALL, WHOM IS THE UGLIEST OF THEM ALL? YOU,
    JUDGE.” More than likely, this effn judge is an effn follower of Hillary Rotten Clinton.
    Nothing in Mother Nature, is ugly. It’s only ugly people, whom view God’s creations as
    ugly. This current ploy, is just another element of control over the American people.
    Ask the “UGLY” Black Witchdoctor of a POS of a token Tar-Baby of a Muslim POTUS,
    he is aware of this maneuver, because it is one of his un-published Executive Actions.
    Remember too, this Black turd and his telephone and his pen, two of his favorie toys.

    • Jonathan Brooks

      The right of private property is becoming meaningless, as the public is tested by challenges to the use of land they own, and pay taxes on.

  • albany le

    This may be one of the craziest ones ever..

  • Jeff Pearce Sr.

    Personally, as I do not handle authority at all well, I would decorate my yard with plastic fruits and vegetables. Paint fruits and vegetables on my house. The fence. Stencil the entire fascia with a vine with hanging grapes. Stencil the shutters. Stencil the roof. You poke me? I punch back. Elbows.

  • Even Mr. and Mrs. Tom Carroll could confront incarceration or imprisionment between five and ten years!

  • And guess what, thanks to the capricious man-made nature of the Constitution, until .overturned, this just became a part of the supreme law of the land, per Article 6, at least in Florida.

    Think about it: Had Moses come down Mt. Sinai with today’s Constitutional laws, he wouldn’t have come down the Mountain with two tablets but with a hernia, a broken back, and an untold number of wagons pulled by donkeys and elephants alike. And some Christians have the audacity to claim Yahweh’s moral law as burdensome, despite the Apostle John’s declaration to the contrary:

    “For this is the love of God, that we keep His commandments; and His commandments are not burdensome.” (1 John 5:3)

    For more on how Yahweh’s perfect law of liberty (Psalm 19:7-11, 119:44-45, James 2:12) applies and should be implemented today, see free online book “Law and Kingdom: Their Relevance Under the New Covenant” at http://www.bibleversusconstitution.org/law-kingdomFrame.html.

  • Cathleen C C Forche

    C.C.Forche again. author of the Christian book of ARGUMENTS w/666 decoded in 9 languages and 5 alphabets. HERE!! I loaded the argument from my book to my site “TENDING THE GARDEN” go to christiantheoriesandconcepts.com/tending-the-garden/ SHARE EVERYWHERE!!! PLEASE!!! Christian or not.. if we destroy our system we are done… we are at the tipping point God Bless C.C.Forche

  • Cathleen C C Forche

    C.C. Forche here, author of the Christian book of arguments w/ 666 decoded in 9 languages and 5 alphabets. There is a God given fundamental right to receive and appreciate God’s gift of the SCIENCE OF THIS BRILLIANT BOUNTY OF DIVERSITY OF FLAVOR , TEXTURE AND NOURISHMENT OF OUR FOOD. God given ..no different than they animals in the wild except we have to work for it, grow and harvest. Man imagined money and an imaginary $ value to imaginary purchase of plots of earth that we call property, that is what this is.The evil insanity of spoiled brats that think the slaves provide food to the store for them and that this amazing God given system is ugly is insane, uneducated and stupid ( an emotional state). They are definitely drop outs of any advanced civilization anywhere…especially one called Heaven..drop outs by their own choice.God bless C.C.

  • carpkiller

    O nce again,judge rules by her opinions instead of law.

    • Dennish Habern

      Leave it to a woman to make the incorrect decision. That is why that there
      are only 5 female executives that I can think of, whom made it to the top:

      Cleopatra, Elizabeth 1, Catharine the Great, Gold Meir, and Margaret Thatcher.

  • donaldbreaux

    We the People can also also fire our elected officials judges or otherwise for being UGLYER

  • lloyd Lisco

    Scatter your garden over your property, Mixed in with other plants your garden will appear as ornamental plants.

  • Idiot Judge!!

    We PEOPLE NEED for Gardens for USA NOW!!

  • Butch

    Militant gardeners!!!! F the judge. Stupid B like this will get someone shot!!!