Millstadt, IL Garden Defense

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

Illinois passed the Vegetable Garden Protection Act in 2021, prohibiting municipalities from establishing regulations or ordinances that “specifically regulate vegetable gardens.” Millstadt’s municipal code, however, prohibits “rank vegetable growth over one-foot in height,” directly contravening the plain text of the Garden Act.

Millstadt officials cited Laura for “high grass and weeds” and gave her seven days to begin cutting her garden down, or else they’d do it themselves.

IJ’s letter and subsequent media attention persuaded officials to reverse course, with the village mayor ensuring Laura that her garden would not be subject to enforcement.