For 17 years, a South Florida couple grew vegetables in a front-yard garden until a new town ordinance was passed limiting such gardens to backyards. Now, the couple is asking a judge to uproot the ban they claim violates their constitutional rights.
Tom Carroll and Hermine Ricketts say they dug up the garden in front of their Miami Shores home in August 2013 when town officials threatened to fine them $50 a day if they didn’t. The threatened fine came a few months after the Miami Shores Village Council adopted a new zoning plan for the town of about 10,500 north of Miami.
The couple sued, and at a hearing Wednesday their attorney said the ban violates the Florida Constitution in several ways, including improper limits on their private property rights and violation of the equal protection clause by singling out vegetables over other plants.