- May 9, 2012
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I was reading the thread in this section on the challenge in Canada on the "Right to Food." Of course, being an attorney, I was intrigued by that thought and wondered what case law there might be in the United States on that concept (after all, the U.S. and Canada do share a common law tradition. Certainly, I knew of some of the fundamental rights that have been recognized by the Supreme Court, including the right to travel, the right to marry, the right to privacy, etc. I knew of some cases that I had studied a while back dealing with the rights to enjoy the common occupations of life. I had not really done a lot of research into the whole notion of - what about the right to food, or the right to grow your own food.
The reason that I want to start looking into this is because in this part of the forum, the title of the forum appears to assume that the locality has the right to zone how it will. The focus is on changing the ordinance (which may not be a bad way to go about it).
For the Michigan crowd, we have the Michigan Right to Farm Act which preempts all zoning ordinances that would seek to affect commercial farming operations, and the issue there is how do the citizens of the good state of Michigan enforce their rights under the Right to Farm Act.
But, as I got to thinking about the issue, it is much more fundamental than that.
The issue is not changing the ordinance. The real issue is challenging the whole notion that any level of state government can interfere with your fundamental right to provide yourself with the necessities of life. Can the state stop you from growing and raising food? Note, this is different than saying you have a "right to food." One has to be careful about how to frame the right. A "right to food" can be construed to mean a right to have food provided for you. To me, the right that is much more easier to defend is the right for any person to pursue, through his own efforts, the necessities and sustenance that he needs to live. Framed this way, the right you have is to use your own industry, on your own land, to raise and grow your own food. It's not a right to have things handed to you - it's a right to use your own hands to provide for yourself (a much easier concept for people to accept and agree with and one that is supported in the case law).
Why is exploring this avenue important? Simply, I want people to start challenging zoning ordinances properly, and I think it can be done. But it requires proper argumentation and understanding what is, or is not, a right; what rights are fundamental; how can rights be affected by duly enacted laws; etc.
One has to get away from the notion that they need to just sit back and have their rights trampled on. Don't sit back and just allow the city to tell you they have the right to zone you right out of your ability to use your land. I can tell you this, they cannot.
So let's get started ...
The reason that I want to start looking into this is because in this part of the forum, the title of the forum appears to assume that the locality has the right to zone how it will. The focus is on changing the ordinance (which may not be a bad way to go about it).
For the Michigan crowd, we have the Michigan Right to Farm Act which preempts all zoning ordinances that would seek to affect commercial farming operations, and the issue there is how do the citizens of the good state of Michigan enforce their rights under the Right to Farm Act.
But, as I got to thinking about the issue, it is much more fundamental than that.
The issue is not changing the ordinance. The real issue is challenging the whole notion that any level of state government can interfere with your fundamental right to provide yourself with the necessities of life. Can the state stop you from growing and raising food? Note, this is different than saying you have a "right to food." One has to be careful about how to frame the right. A "right to food" can be construed to mean a right to have food provided for you. To me, the right that is much more easier to defend is the right for any person to pursue, through his own efforts, the necessities and sustenance that he needs to live. Framed this way, the right you have is to use your own industry, on your own land, to raise and grow your own food. It's not a right to have things handed to you - it's a right to use your own hands to provide for yourself (a much easier concept for people to accept and agree with and one that is supported in the case law).
Why is exploring this avenue important? Simply, I want people to start challenging zoning ordinances properly, and I think it can be done. But it requires proper argumentation and understanding what is, or is not, a right; what rights are fundamental; how can rights be affected by duly enacted laws; etc.
One has to get away from the notion that they need to just sit back and have their rights trampled on. Don't sit back and just allow the city to tell you they have the right to zone you right out of your ability to use your land. I can tell you this, they cannot.
So let's get started ...