Good news- the charges were dropped: Charges dropped against Oak Park woman over veggie garden
Bad news: They decided to charge her over a dog licensing issue that was previously resolved. On Mon, Jul 11, 2011 at 9:00 PM, Robyn Harvey <[email protected]> wrote: > I am going to get way sidetracked here but I will make a strong point. An > unrelated event has something to teach us. Several women arrested for being > naked in a public place were charged with being indecent. The word indecent > was the balancing point. What possible thoughts were people who viewed the > nudity thinking was the question. There are many possibilities was the > argument and so it needed to be proved that the woman were leading those > around them to think or be focused on indecent thoughts? The key was that > the women were not actively promoting themselves in a way that would lean > the interpretation of what their nudity meant towards indecency. Nudity in > its self is not indecent and neither is a front yard garden automatically > unsuitable. > > The word "suitable" in the Oak Park city code has similar broadness or > vagueness that is important so that not every person who is a little > different doesn't get arrested. It also shows that there were some reasons > in the past when people took advantage of their neighbours enough to have > their complaints lead to this code. "Suitable' is also a word that shows > that those who were making this law anticipated that tastes would change and > that there would need to have flexibility designed into this law. If it can > be shown that other people in the neighbourhood would like to do have front > yard gardens, that similar neighbourhoods elsewhere have already begun front > yard gardens, that the city is lax in not providing an outlet for those who > want to garden in the form of a community garden close by or that there was > a history of Victory Gardens in the past on front lawns, church lawns, > factory lawns in parks and open spaces. Public vegetable gardens. Make them > define suitable and then show that your use fits current contexts of any > current definition of the word suitable. > > Be prepared for them to talk about decrease in land values. > ~ robyn > > > ________________________________ > From: Guy Serbin <[email protected]> > To: Ken Hargesheimer <[email protected]> > Cc: Community Gardens USA <[email protected]> > Sent: Sun, July 10, 2011 9:55:40 PM > Subject: Re: [Community_garden] to jail, to jail > > It's a frivolous prosecution in my opinion. If the law doesn't define > what "suitable, live plant material" is, then she's perfectly within > her rights to plant a vegetable garden. I too have a vegetable garden > on my front lawn, but then those aren't uncommon where I live in > Silver Spring, MD. Also, her garden boxes aren't unsightly. Frankly, > if the city needs income generation, then they should try to entice > job growth and make business more attractive, not fine the local > residents for ridiculous things. > > Guy > > > On Sun, Jul 10, 2011 at 8:45 PM, Ken Hargesheimer <[email protected]> > wrote: >> Michigan Resident Faces 93 Days in Jail For Vegetable Garden >> >> Published July 08, 2011 >> >> | FoxNews.com >> >> - >> Print<http://www.foxnews.com/us/2011/07/08/michigan-resident-faces-3-days-in-jail-for-vegetable-garden/#> >> - >> Email<http://www.foxnews.com/us/2011/07/08/michigan-resident-faces-3-days-in-jail-for-vegetable-garden/#> >> - >> Share<http://www.foxnews.com/us/2011/07/08/michigan-resident-faces-3-days-in-jail-for-vegetable-garden/#> >> - >> - >> - >> >> [image: veggardenbass] >> >> Julie Bass' vegetable >> >> garden<http://www.foxnews.com/us/2011/07/08/michigan-resident-faces-3-days-in-jail-for-vegetable-garden/#> >> in >> her front yard. (WJBK/myFOXDetroit.com) >> >> A Michigan resident is facing up to 93 days in jail for planting a >> vegetable >> garden in her front yard, MyFoxDetroit.com reports. >> >> Julie Bass, of Oak Park, Michigan was first given a warning followed by a >> ticket and now she is being charged with a misdemeanor for her simple >> front-yard garden. >> >> "I think it's sad that the City of Oak Park that's already strapped for >> cash >> is paying a lot of money to have a prosecutor bothering us," Bass told FOX >> 2's Alexis Wiley. >> >> The city is claiming that the garden violates a city code which states >> that >> front yards must consist of suitable, live plant material to which Bass >> responds, "We think it's suitable." >> >> "They say, 'Why should you grow things in the front?' Well, why shouldn't >> I? >> They're fine. They're pretty. They're well maintained," Bass told the >> station. >> >> "I could sell out and save my own self and just not have them bother me >> anymore, but then there's no telling what they're going to harass the next >> person about," continued Bass. >> >> A pretrial is scheduled for July 26 and a jury trial could be next. >> >> >> Read more: >> >> http://www.foxnews.com/us/2011/07/08/michigan-resident-faces-3-days-in-jail-for-vegetable-garden/#ixzz1RkkmSulD >> -------------- next part -------------- >> An HTML attachment was scrubbed... >> URL: >> <http://list.communitygarden.org/pipermail/community_garden_list.communitygarden.org/attachments/20110710/4200b782/attachment.html> >> _______________________________________________ >> The American Community Gardening Association listserve is only one of >> ACGA's services to community gardeners. To learn more about the ACGA and to >> find out how to join, please go to http://www.communitygarden.org >> >> To post an e-mail to the list: [email protected] >> >> To subscribe, unsubscribe or change your subscription: >> http://list.communitygarden.org/mailman/listinfo/community_garden_list.communitygarden.org >> > > _______________________________________________ > The American Community Gardening Association listserve is only one of ACGA's > services to community gardeners. To learn more about the ACGA and to find > out how to join, please go to http://www.communitygarden.org > > To post an e-mail to the list: [email protected] > > To subscribe, unsubscribe or change your subscription: > http://list.communitygarden.org/mailman/listinfo/community_garden_list.communitygarden.org > _______________________________________________ The American Community Gardening Association listserve is only one of ACGA's services to community gardeners. To learn more about the ACGA and to find out how to join, please go to http://www.communitygarden.org To post an e-mail to the list: [email protected] To subscribe, unsubscribe or change your subscription: http://list.communitygarden.org/mailman/listinfo/community_garden_list.communitygarden.org
