Bakersfield, CA Legalization Effort

[BakoRyan]

Hey group! Hoping to pick the collective minds of membership here to see if anyone has ran across anything like this (my sincere apologies if this isn’t allowed - but here in Bakersfield we are meeting some major hen resistance and honestly, I’ve learned that chicken people are amazing and always willing to lend a hand):

I have assisted in recently getting the Bakersfield City Council to pass our hen ordinance allowing for backyard hens. It was a great win (and I’ll spare you all the irony of agricultural Bakersfield being resistant to the idea of backyard hens). However - we just received word that our opposition is going to the next level to attempt to block our ordinance (which at this point has passed).

I’m attaching the letter to see if anyone has had any experience with this kind of thing in regards to your own hen legalization issues.

 

[featherhead007]

Bakersfield!

 

[Joalla]

Please be advised that this reply is not legal advice, I am just telling you what this letter will mean in my experience. Basically, a bunch of people are planning to sue the city for not paying for an environmental analysis before they passed this ordinance. The CEQA is a state law that requires governmental bodies to do these analyses for things that could negatively impact the environment, like, for example, constructing buildings. The CEQA has exceptions to the requirement to do an analysis, and this lawyer is saying that the city didn't meet the requirements of any exceptions that are written in the law (specifically the common sense and information collection exceptions).

This letter is not a lawsuit, it is just a demand letter (functionally, a threat). The "Citizens for the Protection of R-1" or whatever are probably hoping the city will repeal the ordinance to avoid the cost of a lawsuit. Depending on how these informal negotiations go, if the city doesn't repeal, the Citizens may decide to file the lawsuit. At that point, the city should have their own lawyers to defend it. Hopefully it won't reach that point because the city will be able to convince the other lawyer that the ordinance has been papered up how it needs to be or whatever the requirements are, but there are a lot of variables there, not the least of which is how much these Citizens hate this ordinance and whether they're willing to be rational about it.

What I would do is reiterate to the city your support of the ordinance (maybe send a letter from the group of you who help get this ordinance passed to say how much you appreciate the council getting it passed and defending it etc.) to show the city that it is worth defending.

Let me know if you have any other questions.

 

[Bhayes1]

Hey Ryan,

I am a fellow resident of Bakersfield as well. Due to your efforts, months back we dove in and picked up a few hens becaue the local media said backyard hens are “NOW” allowed.

I am pretty upset that all of a sudden they apparently aren’t allowed. Anyways, I’ve attached a picture of our coop. My girls love it and if I can help you out in any way or form please let me know how I can get involved.

-Bryce

 

[Joalla]

Hey Ryan,

I am a fellow resident of Bakersfield as well. Due to your efforts, months back we dove in and picked up a few hens becaue the local media said backyard hens are “NOW” allowed.

I am pretty upset that all of a sudden they apparently aren’t allowed. Anyways, I’ve attached a picture of our coop. My girls love it and if I can help you out in any way or form please let me know how I can get involved.

-Bryce

That coop is beautiful!

To clarify, this letter doesn’t mean chickens are not allowed. The ordinance allowing them is still in effect. The only way chickens won’t be allowed is if the city repeals or if a judge orders the city to repeal.

 

[imagine]

I would also love to help in anyway possible...I live in Oildale so we are allowed chickens Thank God! Anyway I could help I have a giant family if we need signatures for anything