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