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