If you think you have the constitutional right to plant vegetables in your front yard, you should think again. Hermine Ricketts and Tom Carrolls of Miami Shores, Florida grew a vegetable garden in their front yard for over 17 years until the Miami Village Shore Council suddenly imposed a ban on it in 2013 – all because the garden somehow did not fit the city’s “aesthetic character”.
“There certainly is not a fundamental right to grow vegetables in your front yard,” said Richard Sarafan, the attorney for Miami Shores. “Aesthetics and uniformity are legitimate government purposes.”
But many have disagreed – and, in many ways, rightfully so. Here’s the perplexing story of the Carroll family and their battle for the right to grow vegetables in their own front yard.
Hermine and Tom’s story: Government Bans “Ugly” Front Yard Vegetable Garden
For 17 years, Hermine Ricketts and her husband, Tom Carrolls, grew organic vegetables in their front yard in South Florida, harvesting some 75 varieties in the process. But in all their years together, they never faced any serious legal opposition against the look or function of their vegetable patch.
“My garden not only provided us with food, but it was also beautiful and added character to the community,” reported Hermine to the Miami Herald .
But things changed 2013, when the Miami Shores Village Council – an elected board of five elected local politicians – claimed that their garden was inconstant with the city’s “aesthetic character”. According to the Council, front yards were to be kept neat, with grass, fruits, trees, flowers, and/or garden decorations, while vegetable gardens were to be kept out of sight, in the backyard. The Council eventually gave the couple a troubling ultimatum: Get rid of the garden or pay a fine of $50 every day!
Dismayed, Hermine and Tom got rid of their garden – and sought legal help to regain their right to grow vegetables in their front yard. In November 2013, the couple joined forces with the Institute for Justice (IJ) – a libertarian non-profit law firm based in Arlington, Virginia – and the organization quickly filed the case at court.
“If Hermine and Tom wanted to grow fruit or flowers or display pink flamingos, Miami Shores would have been completely fine with it,” said Ari Bargil, the couple’s lawyer at Institute for 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.”
Unfortunately, the Eleventh Judicial Circuit of Florida ruled against Hermine and Tom in 2016, claiming that “no fundamental right or suspect class is affected by the Village of Miami Shores’ prohibition of vegetable gardens except in backyards” . But the couple isn’t giving up.
“I am disappointed by today’s ruling,” said Hermine, on the day they received the disappointing news ). “[…] 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.”
Indeed, the Institute of Justice filed an appeal following the ruling. As of October 2017, the case is still being processed by the District Court of Appeals of Florida.
What You Can Do to Fight the Ban
The ban on front yard vegetable gardening is a growing issue in the United States. Many people, especially those whose livelihoods could suffer without front yard vegetable gardens, have faced the same perplexing ban. In 2011, Julie Bass, a mother of 6 in Oak Park, Michigan, almost had to serve 93 days in jail for growing vegetables in her own front yard !
