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
This Midtown pizza shop sliced through challenges, topping years of popup work with grand opening
Orange By: Devoured — the flagship pizza shop from Jhy Coulter — is finally ready for the public, she said, after enduring years of pop-ups to keep the dream alive, renovations, and the closure of business lending platform Mainvest that took founders by surprise. “I am tired — I’m exhausted,” Coulter said with a laugh,…
Exited founders: Face the tough conversations first; avoid a messy post-honeymoon breakup
Preparing for an exit begins with co-founder alignment at the startup’s launch, three veteran Kansas City founders agreed. “You are getting married to your founders,” explained Tony Caudill, who co-founded two tech startups with his best friend — including aware3, which was acquired in 2018 by Nelnet. “Just like when you find your mate of…
Hy-Vee’s small biz competition sends Midwest entrepreneurs racing for $50K checkout; Here are the winners
BaKIT Box, a Chicago-based subscription service offering baking kits inspired by diverse global cuisines, took home the $30,000 grand prize at the 2024 Hy-Vee OpportUNITY Inclusive Business Summit. Shelley Gupta, the founder and CEO of BaKIT Box, was thrilled to receive the grand prize, she said. “It feels incredible,” Gupta said. “I flew here last…
How city dollars could help crime victims get back to business; Mayor unveils new fund to support struggling entrepreneurs
A newly introduced fund aimed at helping KCMO small businesses recover from and prevent property crimes — offering grants up to $3,000 for damage repairs and $5,000 for security upgrades — is a step in the right direction, said Joe Giammanco, whose pizza shop was recently hit by criminals. “Programs like this are going to…