Arnold:
Whew–we’re lucky that Libertarians don’t say that! They say that government can do nothing without the unanimous consent of the governed. For those who want the government to do everything, I can see how this would be anathema. If, on the other hand, you aren’t reliant on the government to solve your problems, it’s a non-issue.
No, lots of things can happen without the unanimous consent of the governed–because people are free to enter into relationships and solve their problems without the government’s interference, approval, or involvement. Please, when offering critiques, at least try not to mix the metaphors. A Libertarian society would claim no such thing.
Kimstu: I found some cites, but I cannot link to them as they are at a subscription site. I will publish some excerpts here. I got the city wrong (Lyndhurst is just the other side of Shaker Heights, but equally affluent), and apparently, in the judgement of some, his lawn was “unkempt.” :
"LYNDHURST
GARDEN BATTLE CONTINUES
City Council members pointed out at their meeting Monday that the home of Arnold Gleisser on S. Barton Rd. was not among the stops on the city’s recent garden tour sponsored by the Lyndhurst Garden Club.
Gleisser, a longtime environmentalist, is battling the city, which has responded to complaints from neighbors that his organic, pesticide-free yard is a public nuisance.
His front yard has no grass and is filled with pachysandra, myrtle, ivy and junipers, plus two pear trees and raspberry bushes. He keeps only a push mower to cut the city’s tree lawn in front of his house.
The city is awaiting a real estate appraiser’s opinion on whether the yard is affecting property values before considering legal action."
METRO
GARDENER SUES LYNDHURST TO SAVE FRONT-YARD PATCH
JESSE TINSLEY PLAIN DEALER REPORTER
11/20/1998
The Plain Dealer Cleveland, OH
FINAL / ALL
2B
(Copyright © The Plain Dealer 1998)
Organic gardener Arnold Gleisser has taken the city to court over his front-yard garden.
In a suit filed this week, Gleisser asked the Common Pleas Court to throw out the Lyndhurst ordinance that would force him to uproot his garden of English ivy, myrtle and pachysandra.
Gleisser, who moved into his South Barton Dr. home in 1972, has cultivated the vegetation - including pear trees and raspberry bushes - for years.
Gleisser’s suit challenges the validity of the ordinances that in effect require him to remove the plantings from his front yard.
The ordinances require that exterior property be kept free of junk, rubbish, cars without license plates, weeds and other nuisances.
“This is a catchall ordinance,” Gleisser said. “If they can use this against me and my yard, it could be used against anyone’s yard. What if you plant a tree, shrubs or ground cover that City Hall doesn’t like?”
Gleisser, a retired school teacher, hardly considers his pesticide-free and “environmentally friendly” garden a weed patch and is asking the city to clarify the ordinances.
Last month, Gleisser received a notice from the city asking him to “restore your exterior property area to a condition which lends itself to being neat, orderly, kempt, and maintained condition.”
Gleisser said he feared the city would remove his plants without permission. But on Nov. 12, a judge issued a restraining order prohibiting the city from taking action until after the suit is settled.
Councilman Dale Fisher said he had not seen the lawsuit, but that the city’s law director would review it. But he said it comes down to each side’s definition of beauty.
“Beauty is a matter of interpretation,” said Fisher. “Most people want a green lawn with trees and bushes in appropriate places. He is more into natural-growing foliage. Nothing in his yard conforms to anything in the neighborhood.”
Several months ago the city hired an independent real estate appraiser to study property valuation on North Barton Dr. and South Barton Dr., where Gleisser lives.
“The independent study concluded that the valuations on South Barton were several thousand dollars lower than the ones on North Barton. The only conclusion they came up with was this one yard, which stands out,” Fisher said.
METRO
LYNDHURST MAN PLANS TO TAME FERAL GARDEN
ANDREA SIMAKIS PLAIN DEALER REPORTER
04/28/1999
The Plain Dealer Cleveland, OH
FINAL / ALL
4B
(Copyright © The Plain Dealer 1999)
With his thick white hair, mud-caked dungarees and plastic yellow gloves, Arnold Gleisser looks more like Captain Kangeroo’s longtime sidekick Mr. Greenjeans than a thorn in the side of the city.
Yesterday, Gleisser was on his hands and knees, pulling up clumps of long grass from his yard on S. Barton Rd. in deference to a court order Common Pleas Judge Mary Boyle issued April 23.
Depending on where you stand, Gleisser is either an ecology hero or a public nuisance. Neighbors complained that the lush, organic garden he has cultivated in his front lawn is an eyesore. But for Gleisser, a retired mathematics teacher who will turn 70 in May, his botanical efforts are the only environmentally sound way to keep a yard - he refuses to use weed killers and makes his own compost from leaves. When he’s not tending to his garden, Gleisser rings doorbells, stumping for various Earth-friendly causes.
While Judge Boyle recognized that Gleisser was an “active environmentalist,” she ruled that he had to keep his prodigious plantings - peonies, irises, zinnias, marigolds, raspberries, pachysandras, myrtle, ivy, rose of Sharon bushes and fruit trees - pruned and trimmed.
Gleisser must have his yard in shape by June 24, or face a contempt charge.
“I’m not anxious to go to jail and be a martyr for this,” he said, gesturing to his feral plot dotted with violets and tulips bobbing in the April breeze.
In October, the city notified Gleisser that his garden violated Lyndhurst ordinances that require front yards to be free of junk, rubbish and unsightly weeds.
City officials later produced a study to bolster their claims that Gleisser’s yard was bringing down the property values on S. Barton Rd., a neighborhood of identical, manicured lawns. While he admits many of his neighbors aren’t “wild about” the front yard, Gleisser said his natural landscaping spoils neither the soil nor area real estate, and paid for an appraisal to prove it.
Gleisser filed a suit asking that the court protect his property; he feared city laws would allow Lyndhurst to plow under his organic garden.
Now that the city and the gardener have reached a court-sanctioned agreement, Gleisser can grow whatever he wants in his yard, Law Director Rick Carbone said. “We are not in any way telling him what to plant there. We’re not making him use pesticides or anything like that. All we’re saying is we want the yard maintained.”
City Councilman Marty Puin is less diplomatic. “It took a court to order him to clean up that mess on his property,” he said. “He says he does this in the name of the environment. It’s not about organic gardening, it’s about being unsanitary and just plain kooky.”
A city building inspector will survey Gleisser’s garden come June. "We may go out there and say, `This is great,’ Carbone said. “Or we may find the yard is still in violation of the ordinance, but we’re hoping it doesn’t come to that.”
So does Gleisser. Instead of battling the city over his organic green thumb, “I’d rather be knocking on doors fighting against nuclear waste,” he said.