Illinois village orders homeowner to tear out her garden despite state's garden protection law

An Illinois gardener and stage IV cancer survivor is gaining attention online after she said her local village threatened to remove her native plant garden, sparking backlash and support online. 

What happened?

According to a report from the Institute for Justice, later reposted on the r/gardening subreddit, botany instructor Laura Schaefer of Millstadt, Illinois, was issued a bright red citation in May, which said her native plant garden was violating a local "high grass and weeds" ordinance.

The Institute for Justice report said a village official warned that if she did not remove the garden herself, crews would be sent onto her property to destroy it, and she would be billed $40 per hour for the work.

As a trained botanist who has spent years transforming vacant lots into thriving native gardens, Schaefer was overwhelmed by the citation. 

She told the Institute for Justice, "As a Stage IV cancer survivor, my garden means everything to me — my health, my food, and my peace. The thought of losing it is absolutely devastating."

Luckily, Schaefer's garden is protected under Illinois' 2021 Vegetable Garden Protection Act, which limits local governments from restricting residential vegetable gardens.

In response to the order, the Institute for Justice wrote a letter to Schaefer's village informing them that any action against the garden would be illegal. 

"Illinois residents have the right to plant native species and grow their own food, for their own consumption, on their own property," said attorney Ari Bargil, who co-authored the letter.

Why does it matter?

Gardens like Schaefer's can provide food, support pollinators, reduce water waste, and replace sterile lawns with something far more beneficial to both people and wildlife.

Local rules, villages, and HOAs can clash with money-saving, climate-friendly choices. Across the country, HOAs have faced criticism for blocking homeowners from installing rooftop solar panels, replacing turf with native plant lawns, and making other practical home upgrades.

What are people saying?

In the comment section of the Reddit post, users expressed admiration for the garden legal protections in Illinois, while also voicing surprise at the extent of the village's efforts to remove the garden.

"That's actually an impressive set of legal protections for gardens you got there, Illinois," one wrote. 

"I will never understand how people can hate amazing gardens like this," another added. 

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