Showing posts with label rights. Show all posts
Showing posts with label rights. Show all posts

Saturday, January 3, 2015

How to get backyard chickens legalized in Virginia's cities: one perspective

I am the founder of a grassroots network, 4 Chesapeake Hens, that successfully lobbied the Chesapeake City Council to make up to six "female chickens" legal in the backyards of all single-family residential lots, with certain restrictions.

Bernadette Barber is a Virginia Farmer who is pushing for the Virginia Food Freedom Act. This act, if passed, would allow all Virginians to sell their homemade foods and baked goods legally to others under the following conditions:

  1. The sale is made face-to-face,
  2. The maker's name and address is labeled on the item sold,
  3. The list of ingredients is included on the label.
Right now Bernadette cannot legally make a pie with farm-fresh eggs and other ingredients grown right on her own farm and sell it to her neighbors. To do that legally would require government inspection and approval.

This makes little sense to me.

Anyway, Bernadette says her group has been getting many inquiries about backyard chickens. She asked me to write a post about how to get them legalized in cities. I agreed, so here is my advice:

1. Have a thick skin. In the course of your efforts you will hear all kinds of negative comments about what you are trying to do, about how City Council will never listen to you because you're not a rich developer, etc. If you feel you are right, keep going. If you get answers from government officials, and they don't sound right because they don't jibe with your research (see below) or don't seem well documented by facts, don't give up.

2. At the same time, listen to people. If these same people are spreading misinformation, find out what it is so you can do your research and counter it. If there are valid concerns, work on addressing them.

For example, a Virginia "depredation law" originally required Animal Control Officers who caught a dog in the act of killing a chicken to kill the dog on the spot. This concern was unsuccessfully raised by those who opposed backyard hens in Chesapeake. And it has been one of the roadblocks thrown against our sister group "4 Virginia Beach Hens" in a neighboring town. This state law was disturbing, so our group combined with the Virginia Beach group to address this law at the state level. Once it came to several humane organizations' attention, we had no difficulty in getting this law changed so that ACOs had the option to seize the dog, instead. Problem solved.

3. Do your research. Our group has the reputation in Cheseapeake of being polite and extremely well-informed. This has gone a long way with City Council.

Start with actually reading the ordinances that address keeping backyard chickens in your community. Don't just call zoning: actually get the ordinances and read them. They are often available online through Municode or you can go to your local public library for help.

Read all you can about backyard flocks. Read the CDC and USDA websites on keeping chickens and disease prevention, too. Other good resources are Chickens and You, including 7 false myths about urban chickens. Pat Foreman, a Virginia resident, wrote a book called City Chicks that has good information and a chapter about changing city ordinances. Any information you can get from government or university publications should carry extra weight and be even more useful. We also found it helpful to research when and why chickens were first banned in residential areas in Chesapeake.

Did you know that, under Virginia law, chickens under the age of eight weeks of age can only be sold in flocks of six or more? This is a good example of doing your research before heading to council. A neighboring municipality only allows four birds, for example. Its residents are often frustrated when they stop at a farm supply store for chicks in the spring and are told they may only buy six or more. Research leads to better planning in advance to hopefully avoid these kinds of situations.

4. Network, reminding your supporters to be polite and well-informed every step of the way. Find ways of using your volunteers' strengths: whatever they are willing to give time and commitment to. Get them working together. Use online social networks, Change.org, etc., but don't discount the importance of face-to-face time. Those willling to take the time to meet in person will mostly be the backbone of your movement. Also reach out to those contacts within city government who are sympathetic to your cause, willing to listen, and willing to work with you. They will be crucial. It is especially helpful to find those in the mayor's office or on city council who will support your efforts. Here in Chesapeake we were lucky to have the support of Councilman Robert Ike early on in the process.

Part of networking is linking up with groups in your area that might already be working on legalizing or keeping or educating about chickens. In Southeastern Virginia there's Backyard Hens for Norfolk4 Virginia Beach HensHampton Roads HensPortsmouth Hen Keepers, and Peninsula CHicken Keepers, to name the most popular and active groups other than 4 Chesapeake Hens. There are active groups in Richmond and in Fredericksburg, too.

Another networking idea is to be willing to attend local educational events for public outreach. Bring some hens with you if you can for the public to meet first-hand. While you're at it, remember to network with other "chicken groups," especially in your region and across your state. If a neighboring community with legal chickens is having a backyard "coop tour," invite your local decision-makers to attend. Give them sufficient notice. Hopefully they will attend so they can see for themselves how little noise, fuss, or odor backyard hens make.

5. Use the media to your advantage. Our group has used blogging, Facebook,  XtraNormal, Youtube, news releases, letters to the editor, Craigslist, and Twitter to advantage.  This has gotten positive exposure --free publicity!-- in our local and regional newspaper and local television station(s). Those who contact or talk to the media should always be aware that reporters may have biases. Talk to them anyway, but be cautious about what you say. Prepare some talking points in advance if time allows. Eventually you will know which reporters you can trust and which ones you cannot. Obviously, work with those who have a track record of being open-minded and fair (supportive is even better when you can get it).

6. Be prepared to appear as a cohesive, unified group in front of City Council on a regular basis. Get yourself on the agenda if you can. If not, most communities have regular times where open meetings or non-agenda items are scheduled for public input. Take advantage of these, but make sure a variety of speakers talk on various occasions on a variety of related topics. Have two or three speakers cover the evening's talking points, then invite the rest of the audience to stand at one point to show support. Get everyone in the group to wear the same color for the event. Group T-shirts or even stickers make a visual impact.

Research the rules for getting in front of council in advance. If your speakers must sign up in advance, do that. If only three minutes are allowed per speaker, be sure every speaker knows that and has actually timed the intended speech. Saad Ringa, a member of our group, has collected many of these speeches on his Youtube Channel for those who want to watch some sample speeches.

When you attend meetings, bring any supporting documents you want to submit, assuming your council allows them, and bring extra copies of these plus your written speeches to give to any reporters who show interest. Be sure they have the contact information of your group's leadership. Publish the speeches online through Google Drive and share them publicly.

If your item actually comes up on the agenda, find out how far in advance to submit any documentation you want council to consider and give them out within that time frame. Here in Chesapeake we were told two weeks in advance was good lead time, so that's what we did.

Another idea that worked for us was to have a "City Council Member of the Week" whose contact information we posted online. As a group, we all contacted that one council member with our talking points. We then moved on to another council member the following week.

Contact can be positive rather than confrontational. One time our group gave free samples of fresh, local eggs for Council Members' consideration. Another time we wrote them all thank-you notes just prior to Thanksgiving. Sometimes you can catch more flies with honey, as the saying goes.

If you need to make Freedom of Information Act requests to get information you need from city government to make your case, put in your requests, but realize these take time and sometimes significant money.

7. Keep at it. One of the biggest differences between "4 Chesapeake Hens" and similar efforts by individuals and community groups before us is that prior speakers took the city's initial "no" as a final answer. We never gave up. We never had to make backyard hens an election issue, but our group was prepared to do that if necessary. Any public official who says he or she supports the environment or individual property rights but is against backyard hens is not "walking the talk" and needs to be held accountable at election time.

If this seems exhausting and time-consuming, nevertheless this is probably what it will take to get change made. Our group had it easier than many other localities. We faced opposition but we were polite, well-informed, persistent, organized, and lucky.

As my husband and I shut our laying hens into their hen house at night, as we listen to their gentle and contented cooing when they lull themselves to sleep, or as we eat the best, freshest eggs we have ever tasted, we find these efforts completely worthwhile. So have many others who helped us: some of our original supporters have found the educational side of our efforts so rewarding that they went on to start Hampton Roads Hens, a group that continues advocacy, education, and outreach on a regional level. We all wish you the best of luck with your own efforts at chicken activism. If we can do anything further to help you, please let us know.

Friday, September 14, 2012

A Case for Chesapeake Hens

Danielle Rawls just finished "A Case for Chesapeake Hens." I cannot wait to send it to the Planning Commission. I know I am biased, but I can't see how the Commission can NOT make a positive recommendation for us once they've read this beautiful and well-written document. Danielle, thank you for all the hard work you've put in on this project. Let's hope the pen conquers the nay-sayers!

**Update for Wednesday, October 10, 2012: The Planning Commission voted against changes to the law regarding laying hens? Why? We may never know! It was a split decision, but the Commissioners who voted against it will not give us specifics regarding their reasons. Click here for more details regarding this effort. There's even a link to watch a video of the meeting.

This matter comes back to City Council on November 20. Our group plans to be there!

**Update for Saturday, October 20: Our group has revised "A Case..." in response to input from the Staff Report and the Planning Department. Our newly-revised document is available publicly, and the old link no longer works.

 Update: On November 20, Chesapeake City Council voted 6-3 to allow hens with certain restriction in residential areas.

Thursday, July 12, 2012

Virginia Beach Woman Faces Fines, Jail, Over Hens

On Tuesday, July 10, 2012, I had the chance to meet Andy Schneider, the "Chicken Whisperer." Andy hosts a nationally syndicated radio show about chickens. He is also a national spokesperson for the national backyard-chicken movement. He has been featured on CBS, CNN, and in The Economist. He's also the author, along with Brigid McCrea, of a book, The Chicken Whisperer's Guide to Keeping Chickens. The co-host of his radio show is Patricia Foreman, author of City Chicks, one of my favorite books on keeping hens.

As the founder of a local group called 4 Chesapeake Hens, I felt I had to meet Andy as soon as I learned that he was going make an appearance in nearby Virginia Beach, Virginia. Our group is trying to get the zoning laws changed in Chesapeake, Virginia, so that more city residents can keep laying hens on our property. Andy has a reputation for being extremely helpful to groups like ours.

His reputation is well deserved. Andy was down to earth, polite, thoughtful, a wealth of information,  and fun to have around. He was in town to support Tracy Gugal-Okroy, the self-proclaimed "Virginia Beach Chicken Outlaw." Tracy, a hair stylist, keeps between twenty and thirty hens on her 3/4 acre property in Virginia Beach. She claims her "girls" are clean, well housed, and very well kept. But her property is not zoned agricultural, and chickens are considered livestock in Virginia Beach, just as they are in most of Chesapeake. Tracy refuses to get rid of her backyard pets. She now faces a court appearance and possibly fines. She vows that she will not re-home her flock even if it means jail time. This is a real possibility for her if future court appearances go against her.

Tracy and Andy at City Hall
Andy had come all the way from Georgia to speak to the mayor and Virginia Beach City Council as an expert on backyard chickens, but it was not to be. There was a mix-up on the dates that the public is allowed to address the council, and the mayor would not make an exception to the rule.

It's a shame, because the council members of the City of Virginia Beach, just like those of Chesapeake, sorely need education about the potential benefits of backyard hens in our communities and how the benefits clearly outweigh any potential downside.

I did pick up some useful tips from Andy, enjoyed delightful conversation with fellow chicken enthusiasts at Croc's 19th St. Bistro, and came away with fresh appreciation for those who are willing to engage in civil disobedience when the law clearly tramples on our rights. While I have no personal desire to keep twenty-plus hens, until our communities come up with just and reasonable laws regarding the keeping of hens as pets that preserve our property rights, I see civil disobedience as possibly justified. And if Tracy has kept the hens as humanely as she claims, it is abhorrent that she could be facing jail time for her love of her birds.

Will justice prevail? Time will tell.

Thursday, January 5, 2012

David vs. Monsanto

Don and I just finished watching a documentary, "David vs. Monsanto," on Youtube. Here is the trailer. This has all the makings of a great documentary: an important social and environmental cause, conflict, and the personal side of a current and compelling issue.

A Canadian farmer named Percy Schmeiser used to grow canola. He spent over 50 years developing his own strain of seed using careful breeding and saving his seeds from year to year. Monsanto, a corporate giant, polluted his land with GM (genetically modified) canola that is resistant to Roundup, a product Schmeiser, an environmentalist, does not use. The GM plants ruined Schmeiser's breeding stock. To make matters worse, Monsanto then sued Schmeiser for patent infringement for growing plants that contained their patented gene. This is apparently a common tactic for Monsanto, which refers to seed-savers like Schmeiser as "pirates," according to the movie.

Schmeiser fought back through the Canadian legal system, a long, difficult, and expensive process. If you care about the environment, your health, freedom of speech, or just like to root for the little guy, you need to watch this movie.

I, for one, will never buy or use Roundup again.