Danville, IL Garden Defense

The Institute for Justice (IJ) wrote a letter to officials in Danville, Illinois, warning them that threatened code enforcement action against Jeremy Boggess and Kristi Church’s garden were illegal under state law and likely unconstitutional.

Illinois passed the Vegetable Garden Protection Act in 2021, which guarantees that “any person may cultivate vegetable gardens on their own property” and bars local governments from adopting ordinances that specifically regulate vegetable gardens. The Act defines a vegetable garden broadly, covering vegetables, herbs, fruits, flowers, pollinator plants, leafy greens, and other edible plants. Jeremy and Kristi’s property is full of all of them.

Danville told Jeremy and Kristi to pull up their garden or the city would do it for them and send them the bill.

IJ’s letter and subsequent media attention persuaded officials to reverse course, with officials proclaiming the garden in compliance with local ordinances at a subsequent hearing.