This Kansas gardener sued to sell fruit and honey; Now her town will allow urban farming
September 26, 2023 | Celia Llopis-Jepsen
Editor’s note: The following story was published by KCUR, Kansas City’s NPR member station, and a fellow member of the KC Media Collective. Click here to read the original story or here to sign up for KCUR’s email newsletter.
Ottawa city officials are trying to strike a balance between people who want to produce food and the interests of their neighbors
OTTAWA, Kansas — Ottawa will now allow small-scale urban agriculture — a move designed to accommodate residents who want to raise chickens and to resolve a homeowner’s lawsuit over the right to sell fruit and honey.
City lawyer Blaine Finch said the goal is to let residents produce food in their yards without impinging on the welfare of their neighbors.
“Frankly, agriculture is one of the original activities in this area,” Finch told city commissioners at a recent meeting. “The city hall is built on the site of Tauy Jones’ wild berry patch … It’s as old as the community, if not older.”
The rules allow small-scale farming in neighborhoods, as long as it doesn’t create nuisances like bad odors or lots of customers visiting residential streets.
The change is a victory for Ellen Finnerty, a fruit gardener and aspiring beekeeper who sued the city earlier this year.
RELATED: Kansas gardener sues for the right to sell honey and fruit from her Ottawa yard
She had been working on a backyard orchard for a few years and taking community college classes on beekeeping. Her goal is to sell fruit and honey at a local farmer’s market.
But Ottawa’s codes didn’t allow that. The rules banned people from running home businesses that involve animals. They also appeared to prohibit so much as selling a tomato grown in your backyard.
Not anymore.
The commission voted last week in favor of a suite of codes that acknowledge urban agriculture and set rules for it.
The new rules allow people to keep hens for egg-laying. They also set guidelines for beekeeping.
And the rules distinguish urban farming from other kinds of animal-related work. That means it will now be legal to take homegrown honey and eggs to the farmer’s market.
Some other kinds of animal businesses, such as at-home dog kennels, remain banned.
Finnerty was scared that the city’s previous rules put her at risk of fines or jail. She challenged the rules with representation from the Kansas Justice Institute — the legal arm of the Kansas Policy Institute, a small-government think tank.
Her lawyer argued the city’s rules violated the Kansas Constitution, which guarantees the rights to life, liberty and the pursuit of happiness.
Ottawa’s lawyer asked the judge in a filing to throw out Finnerty’s case. But the filing also signaled city officials were open to changing the codes. It said officials were already working to address public requests to allow chicken coops.
The city entered talks with the Kansas Justice Institute to resolve her lawsuit.
Now that the commission has approved urban farming codes, the institute put out a press release calling the change a victory.
“The city, to its great credit, understood there wasn’t a good reason to prevent Ellen from starting her home-based business,” said Sam MacRoberts, the group’s litigation director.
Advocates for buying and growing food locally say that urban farming can provide fresh food with fewer transportation costs and carbon dioxide emissions.
Some cities are tweaking their rules to accommodate that.
Lawrence changed its codes in 2016 to loosen rules for residential crops and allow beekeeping and sales of honey and other homegrown foods. Indiana, meanwhile, struck down all municipal beekeeping bans in 2019.
Celia Llopis-Jepsen is the environment reporter for the Kansas News Service. You can follow her on Twitter @celia_LJ or email her at celia@kcur.org
The Kansas News Service is a collaboration of KCUR, Kansas Public Radio, KMUW and High Plains Public Radio focused on health, the social determinants of health and their connection to public policy.
2023 Startups to Watch
stats here
Related Posts on Startland News
Tech takes active-shooter training beyond paper targets as deadly real-world threats rise
COLUMBIA, Missouri — A startup’s portable target system could transform the way law enforcement agencies train for active-shooter scenarios, said Kris Knutson, a former IT consultant propelled into the govtech market amid a rise in real-world threats. Shot Bot — patented by Knutson in 2019 — provides realistic, adaptable, and comprehensive training experiences, the Missouri…
‘Big Flour’ can’t recreate this stone-milled secret ingredient: the Kansas-grown artisan wheat in your favorite KC bakeries
Startland News’ Startup Road Trip series explores innovative and uncommon ideas finding success in rural America and Midwestern startup hubs outside the Kansas City metro. NEW CAMBRIA, Kansas — Artisan flour sourced from a network of Kansas growers not only takes any batch of baking up a notch, said Ben Mantooth; it makes a better…
How a humble DIY upbringing sparked this streetwear designer’s minimalist aesthetic
Flaws are part of nature, says Clark Rooseveltte: Go forth and be creative (not normal) Clark Rooseveltte — already known across Kansas City as the man behind the mic (and the mixtape) — is inviting others into his world of creative living through Clvr World Goods and Supply, a lifestyle brand focused on streetwear and…
Matt Baysinger: Choir Bar revival is just one note in Swell Spark’s chorus of experiences planned for 2025
Developments from within Kansas City-based entertainment group Swell Spark are coming in a round this winter, said Matt Baysinger, starting with the crescendoing return of its Choir Bar group singalong experience after a five-year hiatus. “We want to create places where people can come together, relax, and try something a little different,” said Baysinger, whose…