On June 24, Gov. Ron DeSantis signed SB 82, which is legislation preserving the right of all Florida residents to grow fruits and vegetables on their own property.
For Hermine Ricketts and Tom Carroll, a couple in Miami, Florida, this move symbolizes the end of a years-long struggle that began when their town demanded they dig up the garden they had been cultivating for seventeen years. Beginning July 1, any local ordinance that specifically limits or prohibits growing fruits or vegetables on one’s own property will be officially “void and unenforceable.”
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The Institute for Justice (IJ) filed a lawsuit on behalf of Ricketts and Carroll in 2013, attempting to strike down the Village of Miami Shores’ ban on front-yard gardens as a violation of property rights that was unconstitutional (we definitely agree!).
However, Florida’s Third District Court of Appeals ruled in favor of the Village. Then, the Florida Supreme Court ultimately declined to hear the case. Nonetheless, the fight over the right to use your property peacefully and productively carried on in the Florida legislature. IJ Attorney Ari Bargil said:
“When the Institute for Justice heard that a local government was waging a senseless fight against Hermine and Tom’s vegetable garden, we were glad to come to their aid. When the courts refused to stand up for their rights, we didn’t give up, and this new law is the result of persistent advocacy.
Hermine and Tom are free to replant their garden, a right they now share with every other Floridian. I’m looking forward to seeing new life planted in the front yard next week.”1
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Institute of Justice client Hermine Ricketts said of the new legislation:
“After nearly six years of fighting, next week I will once again be able to legally plant vegetables in my front yard. I’m grateful to the legislature and the governor for standing up to protect my freedom to grow healthy food on my own property. What is sad is that this fight even needed to be waged in the courts and the capital. We had a beautiful, nutritious garden for many years before the Village went out of its way to ban it and then threatened us with ruinous fines. Finally, the state has ended a senseless assault on our property rights.”1
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IJ Senior Attorney Michael Bindas, the head of IJ’s Food Freedom Initiative, commented on the signing:
“For years, Hermine and Tom’s garden was ground zero in a larger battle being fought all over the country. While their battle is now finally over, many Americans like Hermine and Tom are still struggling against the local, state or federal government to secure greater control over the foods they grow, sell or consume. IJ will continue to fight on behalf of folks like Hermine and Tom to secure greater food freedom for all Americans.”1
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Bravo! Everyone should be allowed to grow healthy food on their own property!
