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The couple is now suing on grounds that the ban on front yard gardens violates the Florida Constitution by imposing improper limits on private property rights as well as violating the equal protection clause. The couple is being represented by lawyers with Institute for Justice, a Libertarian non-profit organization that focuses on free speech and property rights among other issues.
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First, does Mr. Sarafan understand what a fundamental right actually is?
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Does he understand what the Constitution is?
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Does he know what a vegetable is?
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Does he know anything?
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Okay, maybe I spoke too soon. Aesthetics and uniformity are legitimate government purposes? What a beautiful world. Nothing sounds better than a world in which everything looks the same and is aesthetically pleasing to the government. It’s also a revolutionary approach of which Sarafan should inform the government. After all their legal battles and semantics to steal property from citizens in the past, they could have just used that “aesthetics and uniformity” clause. It’s so easy, really. It might not exist in the Constitution but so what? Sarafan and Miami Shores says it does, so we can just go with that
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Yup. That what the court system is for.
Not Always of course but I have seen this brand of stupid defeated in the recent past by application of overwhelming reasoning against those who can not see past the rear view mirror of history.
www.miaminewtimes.com...
The Village of Miami Shores filed a motion to dismiss in January, 2014, stating, "Any resident of the Village may have a vegetable garden on their residential property, but it simply must be located in their back yard."
Yesterday, Eleventh Judicial Circuit of Florida's Judge Spencer Eig denied Miami Shores' motion to dismiss Ricketts and Carroll's challenge to the village's ban on front-yard vegetable gardens, which means the lawsuit will move forward to a final judgment
originally posted by: ratfintc
a reply to: BO XIAN
Fixing this type of situation requires shaming the local power admins with media both social media and local mainstream media in concert. Then change back to human normal can often take place. Not Always of course but I have seen this brand of stupid defeated in the recent past by application of overwhelming reasoning against those who can not see past the rear view mirror of history.
originally posted by: ratfintc
a reply to: BO XIAN
Amen to wood chip mulch growing. Wood chips, biochar, and river rock dust, with fish pond water and my little Eden is freaky productive in a tiny space. Neighbors with poor little patches think I am a witch or something. No sir just know about the source of life is all.
originally posted by: Phage
a reply to: Annee
The stats seem to indicate that the town is mid-middle class.
Since the statute is only a few years old, my guess would be that the Council majority are relative newcomers looking to boost property values. I wonder if there were public meetings about it before the fact.