[rec.birds] ARF TAKES ON CITY HALL

arf@gagme.chi.il.us (jack schmidling) (06/09/91)

 
                    ARF TAKES ON CITY HALL
 
             Jack Schmidling (aka ARF) et al
                            vs. 
                   The City of Chicago
 
 On June 7, 1991 the above action was filed in the US 
 District Court, Illinois Eastern Division seeking an 
 injunction against the enforcement of Section 7-28-120 of 
 the Chicago Municipal Code (the "Weed Ordinance").
 
 The action claims that the ordinance is in violation of the 
 "Due Process Clause" of the 14th Amendment to the 
 Constitution of the United States.  If the City elects to 
 challenge the action in the Supreme Court, it could have a 
 nation-wide impact on citizens wishing to cultivate natural 
 landscapes but are currently prevented from doing so.
 
 We have carefully distanced ourselves from people who are 
 simply too lazy to maintain their property by selecting as 
 plaintiffs only people who have planned natural landscapes 
 or scientifically correct "Backyard Wildlife Habitats" as 
 defined by the National Wildlife federation.
 
 The Chicago ordinance requires that weeds be cut or 
 controlled to an average height of 10 inches.  The Due 
 Process argument is based on the vagueness of the term 
 "weed" and whatever can possibly be meant by "average 
 height".
 
 At the very least, we expect to get a new ordinance that 
 defines weeds in a scientifically acceptable manner and 
 deletes any reference to height.
 
 In response to the sleezy comments made by a previous poster 
 who obviously never saw my property, I would like to point 
 out that my property is an excellent example of natural 
 landscaping and wildlife habitat.  I have been awarded a 
 Certificate of Achievement by the National Wildlife 
 Federation.   We have cataloged 110 species of plants and 
 sighted 64 species of birds.  It is also the setting for our 
 nationally acclaimed video, "BACKYARD SAFARI".
 
 This video spends 30 minutes showing how to convert an urban 
 backyard into a nature sanctuary and the last 30 minutes is 
 a "walk through the seasons" showing the payoff.  If anyone 
 wants more info, email to arf.
 
 It has been a real media circus around here but mostly 
 local.  Dan Rather's crew will be here on Monday, so anyone 
 interested, might watch CBS Evening News on Monday or 
 Tuesday.
 
 I will keep the net posted.
 
 arf