Should an Orlando couple be forced
to uproot and destroy half of their front-yard vegetable garden—or else risk
violating the city’s proposed new zoning code?
That is the recommendation made Jan. 15, 2013, by Orlando’s Municipal
Planning Board, despite considerable media attention and growing national
support for organic farmers Jason and Jennifer Helvenston. The couple vow
to protest the proposed ordinance by continuing to peacefully grow their own
food in their front yard vegetable garden. Last week the Helvenstons launched
“Plant a Seed, Change the Law,” encouraging residents across Orlando
and the country to join them in planting a “Patriot Garden”
in their own front yards. Over 1,000 people have committed to participating. Visit the Helvenston's blog at PatriotGardens.Blogspot.com for more information and to sign a petition telling Orlando to stop digging up "illegal" gardens.
Yet today the Orlando Planning Board voted to recommend that
the City Council adopt an ordinance that would force the Helvenstons to uproot
approximately 50 percent of their popular city vegetable garden, effectively
eliminating a signifcant portion of their food supply. Should the
ordinance be adopted, failure to comply would result in fines of up to $500 a
day. Several Orlando residents testified at
the hearing on behalf of the Helvenstons and the right to garden, as well as
Institute for Justice attorney Ari Bargil, an expert on property rights in Florida.
“The draft ordinance recommended by the Planning Board is
not simply wrong, it’s unconstitutional,” said Ari Bargil. “The government
does not have the power to regulate for purely aesthetic reasons a peaceful and
traditional use of private property, such as raising a garden for personal
use. The government has the authority to regulate only for real public
health and safety concerns.”
The draft ordinance would allow backyard gardens, but would limit
front yard gardens in Orlando to 25 percent of the total front yard area.The
ordinance also contains numerous restrictions pertaining to fences, planter
boxes and other garden-related materials that could make gardening prohibitive
for many residents. Importantly, everything in the ordinance is designed
to regulate how gardens look. There are no limits on what residents may grow,
how or when they may irrigate, or whether or not they may use pesticides. The
Planning Board appears solely interested in aesthetic considerations.
The measure was recommended despite the fact that a number
of board members voiced concern with the constitutionality of the proposed
ordinance and the hurried manner in which it was prepared. In fact, the
Planning Board officially suggested that the City Commission take several
additional factors into consideration rather than hastily voting on the
proposal. Specifically, the Planning Board recommended that the City Commission
seek the expertise of knowledgeable environmental and gardening professionals
before adopting restrictions like the 25-percent limitation and maximum-height
rules. It is now up to the City Commission to decide whether or not to
heed the Planning Board’s recommendation that the city reconsider several of
the code’s provisions before passing it.
“The greatest freedom you can give someone is the freedom to
know they will not go hungry,” said Jason Helvenston. “Our Patriot Garden pays for all of its costs in
healthy food and lifestyle while having the lowest possible carbon
footprint. It supplies valuable food while being attractive. I really
do not understand why there is even a discussion,” Jason continued. “They
will take our house before they take our Patriot Garden.”
“We are asking residents across Orlando
and the country to join us in planting a ‘Patriot Garden’
in their own front yards,” said Jennifer. “Email patriotgarden@gmail.com
and we will send you a free packet of radish seeds and a small sign for your
front yard that says ‘Patriot
Garden: Plant a
Seed, Change the Law.’ Join us in telling the city of Orlando and local governments everywhere,
‘hands off our food!’”