[8/31/16] In a blow to freedom and property rights, a Florida judge has ruled that residents of Miami Shores do not have a fundamental right to grow vegetables in their front yard, even if they don’t have a backyard or their backyard is deficient for growing plants.
Miami Shores officials say the ordinance benefits neighborhood aesthetics.
The ruling by Circuit Court Judge Monica Gordo is a blow to the well-publicized case of Hermine Ricketts and Tom Carroll, a married couple who say their backyard is too shady to grow a garden.
The couple grew vegetables in the front yard for 17 years for health and financial reasons until the Miami Shores village government passed an ordinance banning front yard vegetable growing. Ricketts and Carroll were facing a $50-a-day fine.
“This Court is not convinced that the prohibition of front-yard vegetable gardens impairs any fundamental right” Gordo wrote in her Aug. 25 opinion. “… The Court finds that the prohibition of vegetable gardens except in back yards is rationally related to Miami Shores’ legitimate interest in promoting and maintaining aesthetics…CONTINUE READING