Woman Faces Jail Time for Planting Organic Vegetable Garden

By Brad Tuttle
A Michigan woman is being charged with a misdemeanor offense and is facing up to 93 days in jail. Her crime? Planting a vegetable garden-in her own yard. Her front yard, that is.

Like many consumers today, Julie Bass, of Oak Park, Mich., appreciates the taste and healthfulness of organic vegetables, but isn't much of a fan of how much going organic costs at the store. So, like many health-minded consumers, she planted a vegetable garden on her property.

But Bass chose to take the unusual step of installing neatly arranged raised beds of vegetables in her front, rather than back, yard. Bass explained her unorthodox garden location (and showed off how neat and organized it is, for those curious) to a local TV station:

 "We thought it'd be really cool to do it so the neighbors could see. The kids love it. The kids from the neighborhood all come and help," she said.

Front yard or back, it's her property, and she's allowed to do with it what she pleases, right? Wrong, say the local authorities, citing local codes that require front yards to have only "suitable" live plant material. City planners say that vegetables, for some reason, don't qualify for the standard, even though they are certainly alive, and certainly are planted. To some, this sort of code enforcement makes the restrictions against drying clothes on a clothesline seem reasonable.

I Never Promised You an Organic Garden

A story has been developing over the past month involving lies, toxic sludge, Hollywood celebrities, and poor, inner city school children. It centers around the Environmental Media Association (EMA), a group of environmentally conscious Hollywood celebs, and the "organic" school gardens they've been volunteering at for the past past couple years. Stars like Rosario Dawson, Amy Smart, Emmanuelle Chriqui, and Nicole Ritchie have generously adopted Los Angeles schools, visiting the schools and helping the children garden. What the celebs didn't know is that their organization's corporate donor - Kellogg Garden Products - sells both organic compost and soil amendments and ones made from sewage sludge. Seventy percent of Kellogg's business is products made from sewage sludge. Sewage sludge is not allowed on organic farms and gardens.

In late March, the Center for Media & Democracy (CMD) wrote to EMA, alerting them that Kellogg products contain sludge, which may jeopardize the safety and the organic status of the gardens. As a result of the letter, John Stauber, founder of CMD, then met with Ed Begley, Jr., famous environmentalist and EMA board member, who was concerned about the possibility that sludge was used on the gardens.

Following that meeting, a reply came back from EMA's President, Debbie Levin, who has been called "Hollywood's Conscience," asking CMD to stop communicating with Ed Begley, Jr. and to call off its public campaign against the use of Kellogg products on the LA school gardens. She asserted that her organization never claimed the gardens were organic. Then, in the next week, EMA removed the word "organic" from its webpage about its school garden program... but left it in on some pages. (See screenshots here) EMA refers to the gardens as "organic" in a fundraising form, leading donors to believe they are contributing to organic school gardens. Ironically, in 2003, EMA gave an award to King of the Hill for its episode titled "." Talk about foreshadowing.

SFGate and Mother Jones each wrote articles on this story, published a few days after Levin's initial email reply. The Mother Jones piece features a picture of Rosario Dawson gardening with children, with a bag of Kellogg's Amend (made from sewage sludge and contaminated with dioxins and other hazardous material) behind them. The article says:

"This was one of those unfortunate weird things," says EMA president Debbie Levin, who hadn't known anything about Amend before the shoot. Amend, she later learned, is not approved for organic farming because it's made from municipal sewage sludge.

And

So what to do if you're a home gardener who wants compost without the sewage? Try checking the website of the Organic Materials Review Institute, which vets agricultural products used by certified organic farmers. That's the preferred approach of Levin, who stresses that no Kellogg Amend was ever actually applied to EMA's gardens (though one school may have inadvertently ordered a different sludge-based product). "Everything was according to what we asked for," she says. "We use the organic stuff."

That much is old news. According to Levin, she and EMA were unaware that Kellogg products contained sludge, but not to worry because the products in the photos were never used. (Does that mean the bags of Amend that appear in many pictures of the school gardens were brought in for use as props in photo ops and then removed? Even if that were the case, it's unfortunate that an environmental organization is giving that sort of free publicity to an environmentally unsound product like Amend.)

Here's the new part of the story. Mud Baron, a Master Gardener who worked for the LA Unified School District's garden program from 2006 to 2011, has come forward, with a signed, notarized affidavit, alleging that he informed Levin and others at EMA that some Kellogg products contained sewage sludge, which is not permissible on organic gardens, as early as summer 2009. (See his statement here.) Levin repeatedly assured him that all of the products donated from Kellogg would be organic.

America's Environmental Garden Spot: Would You Believe Manhattan?

What's the greenest place in America? If you answered something like the granola-crunchy, Rocky Mountain-high town of Boulder, you'd be wrong. If you guessed the sea breezes and warm sunlight of Santa Barbara, you'd be wrong again. The greenest place in America is almost devoid of nature - the buildings outnumber the trees - and the air isn't all that great. But what it has is density and efficiency - the twin qualities that ultimately define green in the global warming era. Applying those standards, the greenest place in America is New York City - specifically, the overcrowded, overpriced and sometimes overwrought island of Manhattan, which has a per-capita greenhouse gas footprint less than 30% that of the national average.

It's that density - the sheer number of people living in such a small area, often literally on top of each other - that makes Manhattan, and New York City as a whole, so green. Manhattan's population density is 800 times the national average. Density comes with negatives, certainly - small living spaces, air pollution, lots and lots of concrete - but it also enables amazing efficiencies. More than 80% of Manhattanites travel to work by public transit, by bike or on foot - compared to an average of about 8% everywhere else in the country. The vertical apartment buildings that Manhattanites live in are far more energy-efficient than single-dwelling housing in the suburbs. "Most Americans, including most New Yorkers, think of New York City as an ecological nightmare, a wasteland of concrete and garbage and diesel fumes and traffic jams," wrote David Owen in his 2009 book Green Metropolis. "But in comparison with the rest of America it's a model of environmental responsibility."