âDo you have $30,000 lying around?!â he asked me.
âThe city has gone nuclear!â complains his lawyer, Ari Bargil. â$500 per day for the violation of having tall grass. ... They could have done what their own ordinances permit them to do: hire a lawn service to come out and mow the grass. Then send Jim a bill for 150 bucks. But they didnât do that.â
Why not? Bargil and Ficken say itâs because Dunedinâs officials just want money.
Dunedinâs politicians wouldnât talk to us. Instead, they spent $25,000 on a public relations firm that told reporters, âDunedin has no desire to impose large fines... (only to) ensure that Dunedin is a high-quality community.â
The cost of âhigh qualityâ keeps going up.
Eleven years ago, Dunedin fined people $34,000. Today, they want about that much from Ficken alone. Last year Dunedin collected $1.3 million in fines from residents.
âItâs pretty apparent that code enforcement is a major cash cow for the city,â says Bargil.
âI got violated for a lawn mower in my yard!â says one resident who has been fined $32,000. âThey violated me for a hole the size of a quarter in my stucco ... They find people they can pick on ... and they keep picking on them.â
She started crying as she recounted: âI canât tell you how many sleepless nights Iâve had because of the city of Dunedin. Just try to think of what to say to them, just to have them leave me alone.â
âThe city is just a bunch of bullies, and they expect people not to stand up to âem because to stand up to âem requires expensive legal help,â says Ficken.
Ficken managed to get expensive legal help for free from the Institute for Justice, a law firm that defends individuals abused by governments.
All across the country, âprivate citizens are being essentially extorted by their governments and fined incredible amounts of money for really, really small violations,â says Bargil.
You can be fined for not trimming plants, the way Ficken was, but you can also be fined for trimming too much. A city in North Carolina fined a local church $100 per branch ($4,000) for excessive tree-pruning.
And in places such as Dunedin, if you canât pay a fine, theyâll take your home.
âThe city attorney of Dunedin last year sought permission to foreclose on 18 properties,â says Bargil.
That violates the Eighth Amendment, says the Institute for Justice. The Amendment not only protects us from âcruel and unusual punishmentâ but also from âexcessive fines.â
The Founding Fathers, says Bargil, ârecognized that the ability to fine is the ability to cripple. Itâs one of the ways, other than incarceration, that government can really oppress.â
If governments can oppress, they usually will.
We should be grateful for the Eighth Amendmentâs protection against excessive fines.
And whatâs more excessive than politicians taking your home because you didnât cut your grass?