"That's not what we want to see in a front yard," said Oak Park City Planner Kevin Rulkowski.
Why? The city is pointing to a code that says a front yard has to have suitable, live, plant material. The big question is what's "suitable?"
We asked [Julie] Bass whether she thinks she has suitable, live, plant material in her front yard.
"It's definitely live. It's definitely plant. It's definitely material. We think it's suitable," she said.
So, we asked Rulkowski why it's not suitable.
"If you look at the definition of what suitable is in Webster's dictionary, it will say common. So, if you look around and you look in any other community, what's common to a front yard is a nice, grass yard with beautiful trees and bushes and flowers," he said.
But when you look at front yards that are unsightly and overgrown, is Bass' vegetable garden really worth the city's time and money?
We asked Rulkowski what he would say to those who feel this is ridiculous.
"I would argue that you won't find that opinion from most people in Oak Park," he responded.
Whole thing here. Link via the Twitter feed of WBAL's great Ron Smith.
Start your day with Reason. Get a daily brief of the most important stories and trends every weekday morning when you subscribe to Reason Roundup.
Editor's Note: As of February 29, 2024, commenting privileges on reason.com
posts are limited to Reason Plus subscribers. Past commenters are grandfathered in for a temporary
period.
Subscribe
here to preserve your ability to comment. Your
Reason Plus subscription also gives you an ad-free version of reason.com, along with full access to the
digital
edition and archives of Reason magazine. We request that comments be civil and on-topic. We do
not moderate or assume any responsibility for comments, which are owned by the readers who post them. Comments
do not represent the views of reason.com or Reason Foundation. We reserve the right to delete any comment and
ban commenters for any reason at any time. Comments may only be edited within 5 minutes of posting. Report abuses.
Just, plant some flowers in the neat ,orderly plant boxes & say that the other plants aresheltering out the weeds, protecting the flowers and grew wild. Suing costs too much money & time. Hello? Do these City inspectors live in a bubble? Dayton Ohio has 7000 plus un-mowed & abandoned nuisance properties and this home & yard are neat & tidY!!!!!
abandoned and nuisance prop. are hard to milk $$$$ from.........where a neat and tidy garden prop. shows owner has some moneys.....chase the easy money.....
Actually I could see a legitimate security purpose for the medallions, to ensure that out of towners aren't getting into vehicles with totally unknown and untraceable strangers.
But it's clear that's not the purpose DC is using them for. If it were only security concerns, there would be no reason to limit the numbers.
It's good to have redundant layers of protection. Getting into cars with strangers is no joke.
Of course in DC it's the same jurisdiction issuing plates and medallions, so it's probably unnecessary there in a way it wouldn't be in, say, New York City.
Actually I could see a legitimate security purpose for the medallions, to ensure that out of towners aren't getting into vehicles with totally unknown and untraceable strangers.
While I agree with your ends, I must quibble with your means. I can see no reason why this kind of assurance can't be done better and cheaper by the private sector, somewhat like third party certification of e-commerce sites, or bonding insurance.
No reason, that is, other than governmental restriction of supply, which leads to reduced competition, which leads to reduced incentives to provide the consumer with such assurances.
Or I could just be in denial regarding the "failures" of the "free market".
(That last bit of bitter sarcasm wasn't directed at you, Tulpa. I just had to vent.)
Of course, the really non-complex way is to acknowledge property rights and recognize that it is none of the cities business what is grown in the yard.
If anything grown becomes a hazard to the neighbors, they can sue.
It creates a real problem for those who are asset rich but cash poor
Any more than property taxes do now?
Yeah, the unimproved tax will be a higher rate, but the realistic amount of money you can collect still keeps that rate pretty low (and lowers overall taxation dramatically).
The mob doesn't want ownership any more than the government does. With ownership comes responsibility. They want you to nominally own the property, they (the mob AND the government) just want to "wet their beaks".
The mob doesn't want ownership any more than the government does. With ownership comes responsibility. They want you to nominally own the property, they (the mob AND the government) just want to "wet their beaks".
Good point - and due process requires that people of reasonable intelligence be apprised of what is permissible and what is not under a reading of a law. If it's as vague as you suspect, the law is unconstitutionally vague.
That must be one heck of a targeted screed if you throw out the rest of IP but not trademarks. You can't be arguing on the basis of tangibility, so I'm curious what your argument is.
Then you don't need a separate trademark law -- just enforce the fraud law. It's going to be tough to demonstrate harm, though, especially where trademark holders have little else but their trademark to offer. For instance, Listerine an Uncle Harvey's Mouthwash are probably chemically identical.
Not needed, but I wont oppose a law if it simplifies the process that already exists.
For example, I dont have a problem with a city encoding into law the "lawn hazard" I was discussing suing your neighbor over somewhere in this thread. The city just has to be very, very careful not to be vague or overreaching.
In both cases, it lessens the burdens on the court without any loss of liberty.
Actually it does diminish liberty. In the presence of trademark laws, Uncle Harvey can't call his mouthwash Listerine even though it's identical to Johnson & Johnson's mouthwash now sold under that name.
It's hard to see how anyone could win a fraud case against Uncle Harvey in that case.
On the other hand, I didn't agree with FDR forcing people to plant Victory Garden and making kids take loyalty oaths promising not to eat within meals.
With that said, if a homeowner wants to be smart and grow his own vegetables instead of buying overpriced junk at Whole Foods, I support his right.
this story garnered over half a million visitors on Balko's site. Drudge linked to it, shit, even I wrote an angry (yet thoughtfully worded) missive to these petit tyrants.
I suggested as a parting gift for the soon to be former City Planner an updated dictionary.
I don't think suitable means anything until you specify for what a thing is suitable. Vegetable gardens are clearly suitable for the homeowner's purposes.
Sent a polite email to this little city autocrat voicing my disdain. Won't matter a bit, but these guys are making their city look like crap to the rest of the world. The only thing most Americans will know of Oak Park Mi is that they are pursuing criminal charges against someone for a tortured interpretation of zoning ordinances, and look like petty amateurs because of that. Good show assholes, good show.
Someone needs to get a goddamn Webster's dictionary, hand it over to this enema bag on camera, and ask him where it says that "suitable" means "common"
This vegetable garden is not on public property and not blocking traffic. AKA, has nothing to do with the discussion on the guy refusing to leave his inoperable car on the highway.
What happens when I rip out your tomato plants before they sprout and plant broccoli instead?
Property being public doesn't mean everyone has individual property rights over it. It means that the community (and sorry, that probably means the government) decides how it is to be used. The Bill of Rights and state constitutions limit the types of restrictions that communities can place on the use of public property (eg, you can't deny the use of a park to black people, you can't allow a popular viewpoint to hold a rally in a park but not allow an unpopular one, etc) but that doesn't make it into a free-for-all.
Well that's begging the question. Prohibitions on growing veggies in the park, or feeding throngs of people without a permit, would indicate that it is entirely reserved for other uses.
For a more extreme example, you certainly wouldn't approve of an individual citizen going to a flat grassy area of a park, and paving over it to create a basketball court, would you? I mean, technically people who prefer the grass can now come and break up the pavement and re-seed the ground beneath, but this is not how a stable society is going to function.
Societal stability is the basic reason for adopting rule utilitarianism, of which I am an apostle. Though keep in mind that a society need not be static to be stable; it can change a great deal while having minimal disruptions from day to day.
Minimize the amount of property given over to so-called public uses.
As you point out, it's simply not possible for property to be truly public, in the sense that it's available for everyone's use equally. The state ultimately has to be in charge of the rules of use for any property that is owned collectively. In practice, this means that so-called public property is really merely property that will be available for uses and users that are favored by the state. And it's been that way since fucking Sumer if not longer.
Every inch of public property not actively in use for defense or the court / police system is fucking over part of the public for the benefit of some other part of the public. Therefore, we can minimize the amount of fuckery that is occurring by shrinking the public space to the smallest possible size.
When I go over to my brother's house, we sometimes play FIFA 11 on his PS3. We tend to play on the same team, which we've decided should be Man U. The reason is that Tampa no longer has an MLS team, and we figure all of the Glazers' money goes to Man U, so it's like rooting for the Bucs.
Very hard to tell in SE MI any more. Oak Park used to be a kind of "working person's", middle-class type town. Now the hipsters from some of the other formerly-"working-person-type" towns are moving in. They tend to be the type who get concerned about front-yard veggies, in my exp.
So - being a Michiganderanian, I'd wager "Team Red", but wouldn't be at all surprised if it's Team Blue. Although it's highly likely he's "not officially affiliated with any party", cause a "City Manager" is typically a non-elected type position.
Either way, East Side is Team Douchebag all the way down. West siiiiiiide, bitches!
At least people in Michigan are smart enough to not have toll roads (well, technically Michigan has one toll road, the magnificent Mackinac Bridge - an example of a good government project that's paid for itself). Tolls in Ohio are more expensive than the gasoline needed to travel those same roads.
It was so much fun watching Woody lose it.
In any case, I'll concede that while Ohio State may sometimes have better football and basketball teams than the University of Michigan, most UofM affiliated people will still wake up tomorrow smarter than folks affiliated with OSU.
Toll roads? I never paid a single toll when I lived in Ohio. Of course, I didn't have to live up in the Cleveland area (cincy represent), and I left in 1989, so things have likely changed since then.
Say what you will about the state in general, but it's still better to me a buckeye than a scUMbag. And calling out Woody? That's just a low blow, yet to be expected. And remember where Bo came from? That's right.
"may sometimes have better football and basketball teams". Yeah, like the last decade you were absolutely dominated in.
Next thing you know, some idiot is gonna knock Skyline Chili. That's when I start doing IP searches and book flights, so if you plan on disparaging the food of the gods, you better have your affairs in order.
So, if this fucktard politician had any brains, he'd be getting himself photographed shaking the homeowner's hand in front of the garden. Yuppies love home gardens.
How dare these people grow vegetables in their yard in this, the Great Recession?
How many jobs are they destroying through this defiant act of self sufficiency?
I applaud the city for cracking down on this job killing homeowner.
Shouldn't all people born in that hellhole now be referred to as Michigoners? Last I looked, all that's left are the Hmong and the middle easterners who are almost all first-generation.
Hey Sloopy, isn't taking (good-natured, of course) shots at Michigan fun? I consider it a hobby. On a side note, looks like OSU is falling on thier sword. I don't think the NCAA will be impressed. Looks like a couple of bad years for the Buckeyes. Poop.
Taking shots at scUM has always been a pleasure. Probably since the few friends I have who went to U of M are such good-natured folks, the look of shock and bewilderment on their faces is priceless.
Yeah, I sure hope the NCAA let's it go, but with Oregon now dealing with a scandal, and all the shit that happens in the SEC on an annual basis, they've got to take a stand, and I think it's coming this fall. However, if JT testifies next month that he hid everything from the school and agrees to a ban, I can see them getting off with a couple seasons probation and no tv ban. And on the bright side, it was another top 10 recruiting class, including the top rated QB in the country. They'll be just fine...especially when they get Urban Meyer in there next season.
Urban Meyer would be an awesome acquisition. He would really be able to recruit Florida. Plus, he must be a very good evaluator of college football talent. On the other hand, will he have the patience to start at tOSU probably under penalties/ sanctions? We'll see.
This brave man is all that stands between Oak Park and the chaos of warlordism. If you love your vegetables more than your country maybe you should move to SOMALIA, hmmm?
The reality is that Oak Park, and especially City Planner Kevin Rulkowski now have a purpose to fill their days, and will not rest until Ms Bass is defeated. She cannot be allowed to prevail.
Well, one option for resisting this code is to hang a prominent flag that offends people. Like the Nazi flag. That's free speech and tougher to do anything about. Unless there's an HOA, which can probably kill you for doing something like that.
I thought you were goon to link to the Gadsden flag, which we all know is the flag of radical, right-wing, racist, militia-types, or so says the US government.
You are correct, only a future sheep fucker would decide as a small child that want to grow up to become a city planner or code enforcement officer. I wonder if in high school he belonged to Future Sheep Fuckers of America, FSFA.
I wish John was here to tell us all how the city is absolutely right and this woman is a troublemaker who might harm the property values of her neighbors.
Actually, that's not what he'd do. He'd join in the general indignation, and then get all huffy when I pointed out that he routinely tells me that municipalities should be able to control how you use real estate to make sure you don't negatively impact anyone's property values, because "this is different".
There is something about owning real estate that turns people into extreme busy-bodies. I bought a house a few years ago and wondered when the transformation would come--like some kind of lycanthropy.
So far, however, I still don't give a fuck when my neighbors mow their lawns prune their trees.
For me its when my neighbor's yard (its an empty lot actually) gets over waist high. The city code is 12 inches, but I think that is silly. I dont turn them in until it hits my waist (sometimes someone else beats me too it, but not the last two years).
The first summer, I was mowing the lot. The previous owner of my house did that, she had young kids and it was a nice place to play, I think. Very coasean of her, I thought. I was willing to continue doing that, but the owner is an ass so I stopped mowing it.
The freakin deer that was living in it earlier this summer pissed me off.
Last year for some reason, I was involved in some sort of yard work in my front yard and my neighbor came over and asked me if everything was all right.
He was worried that something terrible was happening in my life. How else to explain why I was actually doing non-mowing yardwork for the first time in 15 years?
Fucking John. He is never around when you want to pick a fight with him. And I've been itching for a fight ever since his snarky anti-Rush comment. Oh the sacrilege!!!!!!
Wrong neighborhood. Oak Park is mostly, Chaldeans (who as Iraqi Catholics don't identify with the Saudis or Iran), Jews, and African Americans. The Sunnis and Shiites are more likely to live around Dearborn.
I cite Wickard V. Filburn. If every person planted gardens in their front yard, in the aggregate, would have an impact on the economy. Therefore, congress should step in an regulate this outrage of self sufficiency.
Problem is that public officials with stupid jobs like making sure people's yards look nice (as if the HOA couldn't do this sort of shit), feel compelled to fine some people every once in a while so they can claim that their job exists for a reason.
So, they have to find an excuse, and if they can't find enough people with overgrown weedy yards, they're going to go after anyone who looks "abnormal".
In order to justify more government work, the standard just gets raised until anyone with less than perfectly manicured lawns and bushes is in violation.
The people of Oak Park should seriously consider whether they want this douchebag on their city payroll. How many cops, firefighters, or dog catchers could they employ for whatever they're paying this "city planner"?
...the auto industry, the music industry, the upper- and middle-income folks, and all of the lower-income folks who could escape...now they want to drive out the home gardeners.
What happened to a man's home is his castle? You can compare to what is common in Detroit, trash in the yard, by the bags, boarded homes. I don't consider this home an eye-sore.
OMG!!!! THEY WANT TO PUT HER IN JAIL FOR GARDENING! DONT YOU SEE!!??? SMASH THE STATE!!!
Yeah, douches, one instance here or there of a bad law or crappy bureaucrats doesn't negate the usefulness of land use laws or laws in general. FYI, dickshits, the alternative is HOA's and CC&R's and the HOA's are even bigger dicks much more frequently. At least with legislated codes you've got the bill of rights and the police power doctrine protecting you; there are no such restrictions on the power of CC&R.
If you want the property values to go up, let people plant gardens. In Ann Arbor every block has a house with vegetables in their front yard and their property values are the highest around. Grass is common and low rent.
I suspect that Rulkowski is mendacious in quoting a dictionary. I do not see the word 'common' used anywhere in any dictionary I checked. A sample definition is: "
Right or appropriate for a particular person, purpose, or situation."
Either he or the City of Oak Park should be held liable for destruction of property.
Seems easy. Sue the city, courts throw out code for vagueness.
That was my first thought as well.
Just, plant some flowers in the neat ,orderly plant boxes & say that the other plants aresheltering out the weeds, protecting the flowers and grew wild. Suing costs too much money & time. Hello? Do these City inspectors live in a bubble? Dayton Ohio has 7000 plus un-mowed & abandoned nuisance properties and this home & yard are neat & tidY!!!!!
abandoned and nuisance prop. are hard to milk $$$$ from.........where a neat and tidy garden prop. shows owner has some moneys.....chase the easy money.....
The question of which plants are suitable is a complex one, and of course libertarianism has no room for complexity.
The question of which plants are suitable is a complex one
Is it? Why?
And even if it is, shouldnt the city be listing them instead of a vague "suitable"? Or defining suitable?
I was mocking the Balloon Jizz post savaging Reason over the DC taxi board arrests the other day.
Ah, apologies then. You arent a statist. On this issue.
And, of course, there is nothing complex about medallions either.
Actually I could see a legitimate security purpose for the medallions, to ensure that out of towners aren't getting into vehicles with totally unknown and untraceable strangers.
But it's clear that's not the purpose DC is using them for. If it were only security concerns, there would be no reason to limit the numbers.
That can be done with the current licenses they issue. In fact, isnt that the purpose of the cab licenses?
No need to have the medallions. The medallions is just a cap on the number of licenses.
It's good to have redundant layers of protection. Getting into cars with strangers is no joke.
Of course in DC it's the same jurisdiction issuing plates and medallions, so it's probably unnecessary there in a way it wouldn't be in, say, New York City.
"Getting into cars with strangers is no joke."
If you're 7. If you're an adult it's really not that big a deal.
If you're an adult it's really not that big a deal.
Its why concealed carry exists.
Getting into cars with strangers is no joke.
The problem lies in the illegality of carrying almost any self defense tool in DC.
Actually I could see a legitimate security purpose for the medallions, to ensure that out of towners aren't getting into vehicles with totally unknown and untraceable strangers.
While I agree with your ends, I must quibble with your means. I can see no reason why this kind of assurance can't be done better and cheaper by the private sector, somewhat like third party certification of e-commerce sites, or bonding insurance.
No reason, that is, other than governmental restriction of supply, which leads to reduced competition, which leads to reduced incentives to provide the consumer with such assurances.
Or I could just be in denial regarding the "failures" of the "free market".
(That last bit of bitter sarcasm wasn't directed at you, Tulpa. I just had to vent.)
Most states have special licenses for taxis and bus drivers. Medalions are administered by cities to contorl the number of taxis.
Of course, the really non-complex way is to acknowledge property rights and recognize that it is none of the cities business what is grown in the yard.
If anything grown becomes a hazard to the neighbors, they can sue.
Skip paying your property taxes and tell me about your property rights.
The State owns the land, we only rent it.
The only tax I support is the single land tax.
Of course, that is entirely different from the property tax.
And you are wrong, I own my land, but the state might steal it if I dont pay my taxes.
Are you referring to an assessment on the unimproved lot?
Yes. But its only a SINGLE land tax if it replaces all* other taxes. In theory, its the only tax without deadweight loss.
*for some loose definition of all
I've met Georgists.
It creates a real problem for those who are asset rich but cash poor (eg: A poor person whose neighborhood has undergone 'gentrification.')
It creates a real problem for those who are asset rich but cash poor
Any more than property taxes do now?
Yeah, the unimproved tax will be a higher rate, but the realistic amount of money you can collect still keeps that rate pretty low (and lowers overall taxation dramatically).
It's especially problematic for farmers who buy and sell alnd by the quarter section (640 acres).
+1
E-fucking-xactly. No one who lives where there are property taxes actually own land.
Wrong.
See above. Paying property taxes is just like paying protection money to the mob. It doesnt say anything about your ownership.
Does the mob take ownership like the government will?
The mob doesn't want ownership any more than the government does. With ownership comes responsibility. They want you to nominally own the property, they (the mob AND the government) just want to "wet their beaks".
The mob doesn't want ownership any more than the government does. With ownership comes responsibility. They want you to nominally own the property, they (the mob AND the government) just want to "wet their beaks".
Good point - and due process requires that people of reasonable intelligence be apprised of what is permissible and what is not under a reading of a law. If it's as vague as you suspect, the law is unconstitutionally vague.
citizen bass will be sent to the nearest FEMA camp for waterboard...err, make that reeducation
Looked up suitable at m-w.com:
1 obsolete : similar, matching
2
a : adapted to a use or purpose
b : satisfying propriety : proper
c : able, qualified
"common" doesnt appear, although he could be refering to definition 1, but that one is obsolete. Clearly the law is refering to 2B.
He didn't say Merriam-Webster's dictionary. He probably has one of the knock-off versions.
This is why we need IP.
In my anti-IP screeds, I have always defended trademarks.
I guess Daniel fucked that up and forgot to register it.
That must be one heck of a targeted screed if you throw out the rest of IP but not trademarks. You can't be arguing on the basis of tangibility, so I'm curious what your argument is.
Fraud. Trademarks prevent fraud (or help enforce it, I guess).
If I sell a "rolex", Im defrauding my customer.
Then you don't need a separate trademark law -- just enforce the fraud law. It's going to be tough to demonstrate harm, though, especially where trademark holders have little else but their trademark to offer. For instance, Listerine an Uncle Harvey's Mouthwash are probably chemically identical.
Not needed, but I wont oppose a law if it simplifies the process that already exists.
For example, I dont have a problem with a city encoding into law the "lawn hazard" I was discussing suing your neighbor over somewhere in this thread. The city just has to be very, very careful not to be vague or overreaching.
In both cases, it lessens the burdens on the court without any loss of liberty.
Actually it does diminish liberty. In the presence of trademark laws, Uncle Harvey can't call his mouthwash Listerine even though it's identical to Johnson & Johnson's mouthwash now sold under that name.
It's hard to see how anyone could win a fraud case against Uncle Harvey in that case.
Fraud laws does the same thing. Selling it under Listerine name implies that J&J made it.
However, I will point out that the beer industry is much cooler about this. Very few beer names are trademarked.
Actually, the Walmart "Equate" house brand of mouthwash is the same as Listerine within 1 part in 1000.
It also costs half as much.
I think you mean "Noah". Daniel Webster did not write a dictionary.
That fraud! Where's my cane?
Yeah, one of them. I assumed I guessed wrong.
How can you know with all of this trademark confusion?
As a NH native, I am required to know the basics about Daniel Webster.
Maybe Mr Rulkowski was referring to the dictionary used in that Emmanuel Lewis show.
It's possible. See why we need trademarks?
No, it actually doesn't.
Employee directory for Oak Park, MI is here.
Glad to know Detroit's crime issues are so meager they can focus on something like this. Nice alt-text on the dope in a suit
On the other hand, I didn't agree with FDR forcing people to plant Victory Garden and making kids take loyalty oaths promising not to eat within meals.
With that said, if a homeowner wants to be smart and grow his own vegetables instead of buying overpriced junk at Whole Foods, I support his right.
GREEEGGGGGGOOOOOOOOOOOOOO
That's just it. With the city planner's mindset, if the Victory Garden isn't mandated, then it ought to be forbidden.
The times I've been to Whole Foods I've always found the food to be of good quality and fair price.
There's a lot of misconceptions about health, science, etc. I recommend
http://junkscience.com/
And no, it's not my website.
What scares me is that I bet this guy feels proud of himself and the job he is doing.
Lol this is what I was thinking too...
Balko blogged it yesterday.
... and he got drudgebombed.
this story garnered over half a million visitors on Balko's site. Drudge linked to it, shit, even I wrote an angry (yet thoughtfully worded) missive to these petit tyrants.
I suggested as a parting gift for the soon to be former City Planner an updated dictionary.
His headline was better:
Does Michelle Obama Know About This?
soon to be former City Planner
It will not happen...these fuckers are near impossible to fire.
I don't think suitable means anything until you specify for what a thing is suitable. Vegetable gardens are clearly suitable for the homeowner's purposes.
"Pornography" "Suitable" is hard to define. But I know it when I see it.
Sent a polite email to this little city autocrat voicing my disdain. Won't matter a bit, but these guys are making their city look like crap to the rest of the world. The only thing most Americans will know of Oak Park Mi is that they are pursuing criminal charges against someone for a tortured interpretation of zoning ordinances, and look like petty amateurs because of that. Good show assholes, good show.
Someone needs to get a goddamn Webster's dictionary, hand it over to this enema bag on camera, and ask him where it says that "suitable" means "common"
"I, uh, think, uh, looking at, uh, you know, a dictionary, uh, definition, I mean, uh, that's, uh, stretching it, uh, a little."
Bets on which Team this Rulkowski fucktard belongs to?
Team Statism.
This
Apparently the same team Tulpa is playing for.
I'm wondering when he'll show up explaining why vegetable gardens are just like murdering babies or something.
I LOOM LARGE
This vegetable garden is not on public property and not blocking traffic. AKA, has nothing to do with the discussion on the guy refusing to leave his inoperable car on the highway.
Really, you people aren't this stupid.
The question of which plants are suitable is a complex one
Ummm....
That was a joke.
Uh, that was a joke too. As was the "complexity" jab.
so are you defending this action by the Oak Park City Planner or are you going to join the rest of humanity and call him a dick?
I would not want to join any humanity that would have me as a member.
Why shouldnt I be able to plant a vegetable garden on public property (say, in a non-reserved for other uses part of a park, or a highway median)?
Of course, any member of the public should be able to pick from it.
What happens when I rip out your tomato plants before they sprout and plant broccoli instead?
Property being public doesn't mean everyone has individual property rights over it. It means that the community (and sorry, that probably means the government) decides how it is to be used. The Bill of Rights and state constitutions limit the types of restrictions that communities can place on the use of public property (eg, you can't deny the use of a park to black people, you can't allow a popular viewpoint to hold a rally in a park but not allow an unpopular one, etc) but that doesn't make it into a free-for-all.
What happens when I rip out your tomato plants before they sprout and plant broccoli instead?
Okay. Whats the problem?
that doesn't make it into a free-for-all.
Notice I said "non-reserved for other uses". Basically, if it isnt reserved, why shouldnt it be a free-for-all?
See Niven's Cloak of Anarchy, although, interestingly, he wrote the story to explain why he isnt a libertarian.
Well that's begging the question. Prohibitions on growing veggies in the park, or feeding throngs of people without a permit, would indicate that it is entirely reserved for other uses.
For a more extreme example, you certainly wouldn't approve of an individual citizen going to a flat grassy area of a park, and paving over it to create a basketball court, would you? I mean, technically people who prefer the grass can now come and break up the pavement and re-seed the ground beneath, but this is not how a stable society is going to function.
stable society
Who set that as a goal?
No seriously.
/Hail Eris
Societal stability is the basic reason for adopting rule utilitarianism, of which I am an apostle. Though keep in mind that a society need not be static to be stable; it can change a great deal while having minimal disruptions from day to day.
Fuck utilitarianism (rule or act).
Solution:
Minimize the amount of property given over to so-called public uses.
As you point out, it's simply not possible for property to be truly public, in the sense that it's available for everyone's use equally. The state ultimately has to be in charge of the rules of use for any property that is owned collectively. In practice, this means that so-called public property is really merely property that will be available for uses and users that are favored by the state. And it's been that way since fucking Sumer if not longer.
Every inch of public property not actively in use for defense or the court / police system is fucking over part of the public for the benefit of some other part of the public. Therefore, we can minimize the amount of fuckery that is occurring by shrinking the public space to the smallest possible size.
My yard, my choice.
What happens when I rip out your tomato plants before they sprout and plant broccoli instead?
I kill you.
Only a depraved monster would plant broccoli.
That's a big team, with a million times the payroll of the next biggest one.
So, just like the Yankees.
Yeah, but even more embiggenfied. Think Manchester United.
that is a decidedly non-cromulent use of the word embiggened.
i lol'd
At least Manchester United doesn't have guns.
Their fans OTOH would probably terrify Al Queda.
When I go over to my brother's house, we sometimes play FIFA 11 on his PS3. We tend to play on the same team, which we've decided should be Man U. The reason is that Tampa no longer has an MLS team, and we figure all of the Glazers' money goes to Man U, so it's like rooting for the Bucs.
You mean Barcelona.
TEAM ASSHOLE?
and this
Very hard to tell in SE MI any more. Oak Park used to be a kind of "working person's", middle-class type town. Now the hipsters from some of the other formerly-"working-person-type" towns are moving in. They tend to be the type who get concerned about front-yard veggies, in my exp.
So - being a Michiganderanian, I'd wager "Team Red", but wouldn't be at all surprised if it's Team Blue. Although it's highly likely he's "not officially affiliated with any party", cause a "City Manager" is typically a non-elected type position.
Either way, East Side is Team Douchebag all the way down. West siiiiiiide, bitches!
/Livingston County Wigger
He is a city planner. Number of GOP city planners in the universe?
Is it more than 25% of them?
"Michiganderanian"
i lol'ed
So did I. Why didn't he use the proper term for a person from Michigan, which I believe is "douchebag from that state up north."
On a positive note for Michigan, they finally found a way to not (technically) lose to tOSU. So they got that goin' for them. Which is nice.
At least people in Michigan are smart enough to not have toll roads (well, technically Michigan has one toll road, the magnificent Mackinac Bridge - an example of a good government project that's paid for itself). Tolls in Ohio are more expensive than the gasoline needed to travel those same roads.
It was so much fun watching Woody lose it.
In any case, I'll concede that while Ohio State may sometimes have better football and basketball teams than the University of Michigan, most UofM affiliated people will still wake up tomorrow smarter than folks affiliated with OSU.
Toll roads? I never paid a single toll when I lived in Ohio. Of course, I didn't have to live up in the Cleveland area (cincy represent), and I left in 1989, so things have likely changed since then.
Say what you will about the state in general, but it's still better to me a buckeye than a scUMbag. And calling out Woody? That's just a low blow, yet to be expected. And remember where Bo came from? That's right.
"may sometimes have better football and basketball teams". Yeah, like the last decade you were absolutely dominated in.
Next thing you know, some idiot is gonna knock Skyline Chili. That's when I start doing IP searches and book flights, so if you plan on disparaging the food of the gods, you better have your affairs in order.
Rant ends...
So, if this fucktard politician had any brains, he'd be getting himself photographed shaking the homeowner's hand in front of the garden. Yuppies love home gardens.
Radley Balko had this yesterday.
Simpsons did it!
How dare these people grow vegetables in their yard in this, the Great Recession?
How many jobs are they destroying through this defiant act of self sufficiency?
I applaud the city for cracking down on this job killing homeowner.
Three cheers for Oak Park!
Hip hip.. hooray!
He's directly affecting commerce! Get him!
That dude's face is punchable, amirite ?
No.
Ok, yes.
And he has bureaucrat hair.
He got the suit, tie, glasses, and haircut at Sears.
There was a certain reason meme from a couple years ago that fit nicely here, if only we were allowed to use it. Rhymes with fleep shucker.
Or feep shucker.
Kids who deliver the Det Free Press also rhyme with this ("Freep Chuckers").
HAHAHA! A little Michigan native humor for you all.
Very little, I know, I know...
Seems like the humor industry has fled from Michigan too.
Shouldn't all people born in that hellhole now be referred to as Michigoners? Last I looked, all that's left are the Hmong and the middle easterners who are almost all first-generation.
Hey Sloopy, isn't taking (good-natured, of course) shots at Michigan fun? I consider it a hobby. On a side note, looks like OSU is falling on thier sword. I don't think the NCAA will be impressed. Looks like a couple of bad years for the Buckeyes. Poop.
Taking shots at scUM has always been a pleasure. Probably since the few friends I have who went to U of M are such good-natured folks, the look of shock and bewilderment on their faces is priceless.
Yeah, I sure hope the NCAA let's it go, but with Oregon now dealing with a scandal, and all the shit that happens in the SEC on an annual basis, they've got to take a stand, and I think it's coming this fall. However, if JT testifies next month that he hid everything from the school and agrees to a ban, I can see them getting off with a couple seasons probation and no tv ban. And on the bright side, it was another top 10 recruiting class, including the top rated QB in the country. They'll be just fine...especially when they get Urban Meyer in there next season.
Urban Meyer would be an awesome acquisition. He would really be able to recruit Florida. Plus, he must be a very good evaluator of college football talent. On the other hand, will he have the patience to start at tOSU probably under penalties/ sanctions? We'll see.
still rhymes.
I know, but I was also going for the whaddayacallit thing when you switch the first consonants.
Spoonerism.
Did it have anything to do with the leisure time activities of Joel Pyle?
But it's not her front yard! It's mine! And her house! And the sidewalk! And the street! And the sewers!
IT'S MINE! MINE! MIIIINNNNEEEEEE!!!!!
Sounds like Obama's approach to "our" money.
This brave man is all that stands between Oak Park and the chaos of warlordism. If you love your vegetables more than your country maybe you should move to SOMALIA, hmmm?
Needs more comical misspellings and "!!1!"
Guy the guy a break, he's sarcasting in a second language.
*Give* the guy... Teach me to shoot heroin in my eyeballs and try to post.
That's Portugal, not Sweden.
I swear to Aqua Buddah I only come here to reade SF comment.
Except the fictions...never the fictions.
All you need to do is get a nice thick coat of scab on your soul first. Then they go down smooth.
I'd love to see Rulkowski get a phone call from First Gardener Michelle Obama.
So, we asked Rulkowski why it's not suitable.
"Because I am a city government bureaucrat, and I HAVE NO IMAGINATION."
I looked up "City Planner" in the dictionary.
It means government fucktard.
Lol
The reality is that Oak Park, and especially City Planner Kevin Rulkowski now have a purpose to fill their days, and will not rest until Ms Bass is defeated. She cannot be allowed to prevail.
You know I'm right.
Well, one option for resisting this code is to hang a prominent flag that offends people. Like the Nazi flag. That's free speech and tougher to do anything about. Unless there's an HOA, which can probably kill you for doing something like that.
Like my namesake in that X-Files episode.
Even more provocative:
http://www.united-states-flag.com/cogafl.html
Yeah, that's like 50 magizillion points worse than the Nazis!
I thought you were goon to link to the Gadsden flag, which we all know is the flag of radical, right-wing, racist, militia-types, or so says the US government.
Getting my head around the idea that Revolutionary War flags are now too radical for us is, well, difficult.
Well, one option for resisting this code is to hang a prominent flag that offends people. Like the Nazi flag.
Nazi tomatoes? I HATE Nazi tomatoes!
Fucking hyperlinks, how do they work?
If you look up the definition of "suitable" in ?'s dictionary, you'll see Kevin Rulkowski fucking a sheep.
(You guys suck.)
You are correct, only a future sheep fucker would decide as a small child that want to grow up to become a city planner or code enforcement officer. I wonder if in high school he belonged to Future Sheep Fuckers of America, FSFA.
As the high school president of American Sheep Fuckers (ASF), I would just like to say ... SPLITTERS!
I wish John was here to tell us all how the city is absolutely right and this woman is a troublemaker who might harm the property values of her neighbors.
Actually, that's not what he'd do. He'd join in the general indignation, and then get all huffy when I pointed out that he routinely tells me that municipalities should be able to control how you use real estate to make sure you don't negatively impact anyone's property values, because "this is different".
There is something about owning real estate that turns people into extreme busy-bodies. I bought a house a few years ago and wondered when the transformation would come--like some kind of lycanthropy.
So far, however, I still don't give a fuck when my neighbors mow their lawns prune their trees.
wondered when the transformation would come
For me its when my neighbor's yard (its an empty lot actually) gets over waist high. The city code is 12 inches, but I think that is silly. I dont turn them in until it hits my waist (sometimes someone else beats me too it, but not the last two years).
The first summer, I was mowing the lot. The previous owner of my house did that, she had young kids and it was a nice place to play, I think. Very coasean of her, I thought. I was willing to continue doing that, but the owner is an ass so I stopped mowing it.
The freakin deer that was living in it earlier this summer pissed me off.
Last year for some reason, I was involved in some sort of yard work in my front yard and my neighbor came over and asked me if everything was all right.
He was worried that something terrible was happening in my life. How else to explain why I was actually doing non-mowing yardwork for the first time in 15 years?
Fucking John. He is never around when you want to pick a fight with him. And I've been itching for a fight ever since his snarky anti-Rush comment. Oh the sacrilege!!!!!!
John recently had a come-to-Jesus moment over zoning concerning that LA County livable structure land grab. I'm rooting that the lesson sticks.
Nazi flags are passe. China is where it's at, dude.
Maybe a China Flag with little dollar signs being bayoneted by a vast Renminbi army.
A Chinese flag would probably be looked upon by favor by these bureaucrats.
If you really want to confound them, fly a Saudi flag.
Iranian flag.
Um, it is Michigan. I doubt they'd be the only house on the street flying a Saudi or Iranian flag.
NTTAWWT, I'm just sayin.
Wrong neighborhood. Oak Park is mostly, Chaldeans (who as Iraqi Catholics don't identify with the Saudis or Iran), Jews, and African Americans. The Sunnis and Shiites are more likely to live around Dearborn.
There's Jooz in Michigan?
I did not know that. Better hide em before MNG finds out.
I cite Wickard V. Filburn. If every person planted gardens in their front yard, in the aggregate, would have an impact on the economy. Therefore, congress should step in an regulate this outrage of self sufficiency.
Again, more "justifying your existence".
Problem is that public officials with stupid jobs like making sure people's yards look nice (as if the HOA couldn't do this sort of shit), feel compelled to fine some people every once in a while so they can claim that their job exists for a reason.
So, they have to find an excuse, and if they can't find enough people with overgrown weedy yards, they're going to go after anyone who looks "abnormal".
In order to justify more government work, the standard just gets raised until anyone with less than perfectly manicured lawns and bushes is in violation.
The clear answer here is to remove private lots and have one giant communal garden.
That works for me.
Me too!
The government has no business dictating aesthetics. I run into this shit constantly and it pisses me off to no end.
thumbs up to Skr's comment
Oh Jesus Fukkity Fuk Fuk Fukkin' Christ!!!!
It's Fukkin' Detroit!!!
Fuk!!!
Yeah, I've been drinkin'.
When will Mr. Rulkowski address the persistent sheep-fucking rumors that, although unsubstantiated, have curiously not yet been denied?
The people of Oak Park should seriously consider whether they want this douchebag on their city payroll. How many cops, firefighters, or dog catchers could they employ for whatever they're paying this "city planner"?
-jcr
...the auto industry, the music industry, the upper- and middle-income folks, and all of the lower-income folks who could escape...now they want to drive out the home gardeners.
Gotta love the Motor City.
one of the few decent things to come from Oak Park, MI. And it's a stretch at that.
No, you idiots, that's a typo -- RAKE is NOT a crime!
What happened to a man's home is his castle? You can compare to what is common in Detroit, trash in the yard, by the bags, boarded homes. I don't consider this home an eye-sore.
I would argue that the clown in the attache dphoto is el grande douche...
this doesn't sound right at all. Code violations are misdemeanors, or I think maybe even something less; they can't put you in jail for that.
I think that the potential jail time must be for having refused to pay the fine/contempt of court.
OMG!!!! THEY WANT TO PUT HER IN JAIL FOR GARDENING! DONT YOU SEE!!??? SMASH THE STATE!!!
Yeah, douches, one instance here or there of a bad law or crappy bureaucrats doesn't negate the usefulness of land use laws or laws in general. FYI, dickshits, the alternative is HOA's and CC&R's and the HOA's are even bigger dicks much more frequently. At least with legislated codes you've got the bill of rights and the police power doctrine protecting you; there are no such restrictions on the power of CC&R.
I dunno...it tastes great, but is definitely less filling. I demand better.
If you want the property values to go up, let people plant gardens. In Ann Arbor every block has a house with vegetables in their front yard and their property values are the highest around. Grass is common and low rent.
is good
This is a great idea to plant a vegetable in your backyard.My wife make it as her hobby and Im happy to see her.
"You keep saying that word...I do not think it means what you think it means...."
I suspect that Rulkowski is mendacious in quoting a dictionary. I do not see the word 'common' used anywhere in any dictionary I checked. A sample definition is: "
Right or appropriate for a particular person, purpose, or situation."
Either he or the City of Oak Park should be held liable for destruction of property.
Thanks