Joe Powell blogged about this documentary by Scott Hamilton Kennedy: The Garden. When Joe Powell blogs about films, I tend to listen… er, read.
Here’s the movie trailer.
[youtube=http://www.youtube.com/watch?v=Va6VaUIQSxU]
And the blurb:
“The Garden” explores the fault lines in American Society. It is the story of the country’s largest urban farm, backroom politics, land developers, money, poverty and power. If everyone told you nothing more could be done, would you give up?
Seriously, how can you watch this trailer and not want to snatch up a picket sign, listen to Steve Earle or Public Enemy as loud as possible while you make your way to LA to join the garden vigil? Maybe even climb a tree and not even care if Daryl Hannah’s in it… you could pick a different limb.
Of course, considering the travel expenses involved, I cannot afford to join the fight. The only form of “fight the power” that would fit within my budget would be painting “Power to the People” or “PIG” across the windshield of my sister’s truck with the kids’ crayola fingerpaints. After all, she is a member of law enforcement, you know – one of them. The authority. The Man. A stomper of little people – except she hasn’t really stomped any little people – but you know, in theory, she’s one of them.
Point is if this movie trailer doesn’t fill you with fighting spirit, a willingness to flip off any member of a department with a PD in the initialism and go plant a garden on the town square and then dare some damn body to just try and stop you – there’s something wrong with you. You’re evil and broken.
So, with interest piqued – off I go to learn more about this South Central Garden.
(Sigh) I really should not have done that…
See, the story of evil developer Ralph Horowitz, who I am trying very hard to hate, brought me face-to-face with my underlying, can’t-squish-it-down conservative-self, which tends to believe if you paid for something with money you’ve earned – you own it. No one else should have a right to take it from you. Likewise, you are not entitled to things for which you did not pay and no one gave you.
This fundamental belief in ownership is what compels me to pay the mortgage on my house.
As the story of the Garden goes – the City of Los Angeles acquired the 14-acre farm property by eminent domain in 1986 - taking it from nine private landowners among them being the the evil land developer who now wants to evict the poor farmers. The evil land developer never wanted to sell this piece of land. In fact, the evil land developer raised quite a bit of hell about it.
His company Alameda-Barbara Investment Company filed a lawsuit against the city. The end result, Horowitz and his partner were paid $4.7 million and given right of first refusal if, within 10 years, the City determined that the parcel formerly owned by his company was no longer required for non-public or non-housing purpose.
Then, sometime after the riots… (which we’re apparently calling an uprising now although I object to the term: since uprisings are usually a loosely organized form of rebellion inspired by need to protect or preserve some inherent right or rebel against atrocities against the people with the outcome being to prevent said atrocities from happening – you know, like an uprising to avoid being sent to Nazi death camps. Riots, on the other hand, are an unfocused form of rebellion which involves arson, property damage, innocent folks getting the shit kicked out of them and stores being looted because some person is pissed at the world and out to get whomever and a new TV in the process… which seems to be what happened in LA. Since those people had a right to be angry though – I am willing to compromise and call it an outbreak if the word riot seems too impolite for the history books.
Anyway, after the outbreak – sometime between `92 and `94 – L.A. Regional Food Bank approached the city and secured a revocable permit to use the property as a community garden. The site was cleared of debris, fences were installed, and a water system put in. By all accounts, it was the Foodbank which cleared the land, developed the irrigation systems, made bathroom facilities available and split the 14 acres into 330 plots that cost each family only $13 a month. And even the Foodbank claims the paperwork with the city was explicit: It could pull the plug at any time.
In 1994, the Public Work Department transferred by ordinance and/or sold the property to the Harbor Department for over $13 million. (That transfer later ruled illegal and reversed.) Horowitz approached the City in 1995, objecting to the sale. Citing a clause in his original contract that stated he would have the first option to buy if the city didn’t use the land, Horowitz began negotiations with the city.
In 1996, the City’s negotiators sent Horowitz’ company a purchase agreement, which fixed the sale amount at $5,227,200. The terms of the agreement made the repurchase contingent on City Council approval. The City Council never approved the agreement. In 2002, after the city consistently refused to honor the agreement they’d made with Horowitz, he sued for failure to execute the sale agreement and breach of contract.
In August 2003, the City Council finally approved the terms of a sale in a closed session, awarding it to Horowitz for $5.05 million. In essence, selling it back to him for as much as it was worth during the eminent domain process in the late-’80s. In September, the City sent the Foodbank a letter notifying it of the sale. The Foodbank, in turn, distributed the letter to the approximately 350 families that were using plots at the garden to grow their own food and bowed out of the mix.
The farmers, however, formed an organization—South Central Farmers Feeding Families and began organizing to retain their right to use the property. Horowitz agreed to allow the farmers to remain for another 60 days before eviction during which time they filed for a temporary restraining order and padlocked the property. In 2006, after the land deal was tied up in court for a little over two years, Horowitz offered to sell the property to the farmers.
Since that time, however, negotiations have apparently gotten so ugly and heated – Horowitz now refuses to sell for any amount of money. (Of course, farmers and supporters deny they’ve been disrespectful or unpleasant to Horowitz, but in a situation involving picket signs, zucchinis shoved in tailpipes, people camping out at Horowitz’s house in protest and a general sense of outrage, I find the denial that any verbal abuses or attacks occurred implausible.)
Either way, the facts are what they are: this guy lost his property in a government land grab. He fought to get it back – and as a result was vilified. Meanwhile the farmers have been on this land for five years. They’ve paid no land taxes, no rent, and no mortgage. The land has never been transferred to them. And unless I’m missing part of the story, the farmers seems to be winning over public opinion simply because the garden is spectacular and they’re the underdogs.
Not because they have any valid legal claim.
Certainly, this garden, by virtue of it’s location, is a miraculous thing, and I don’t want to see it destroyed. To me, it represents a reversal of culture and community that’s been a long time coming. And I do hold the City responsible for making bad deals all around and creating a mess – I also wish Horowitz could look beyond his (justifiable) anger and cooperate.
However, in the movie trailer a lady asked: where’s our justice? Bottom line: I’m wary of whatever brand of justice they’re demanding. In fact, what they call justice, I’d define much differently.
(PS: If this works out for the farmers, I’ll be looking for a large group of people willing to go camp out on Tim C’s inherited back 40. It’s a lovely piece of property down by the river and close to my Mama’s house. Unfortunately, I can’t afford to buy it. BUT since Tim doesn’t go out there much, I figure if we can occupy the space for two or three years and plant large crops of vegetables before he notices us – then tie the land up in court because we have occupation rights, eventually he will go so frustrated by the hassle and the negative publicity, he will waive any claim on the land and just let us have it. Of course, we’d need a few famous people on our side to help our plight get noticed. I wonder if Billy Greer from Kansas would be willing to sit in a tree… Oh well, we’ll work out the details later, but ya’ll think about it.)
