她为她的鸡拿到了许可证。现在这座城市要给她8万美元的罚款
She Got a Permit for Her Chickens. Now the City Is Fining Her $80k

原始链接: https://reason.com/2025/06/28/she-got-a-permit-for-her-chickens-now-the-city-is-fining-her-80000/

密歇根州道格拉斯市的Kathryn Sarkisian因自家后院的鸡而卷入与该市的法律纠纷。在2023年最初获得许可证后,由于邻居的投诉,该市追溯撤销了许可证,理由是他们的2020年鸡肉条例中错过了通知期。Sarkisian在鸡舍和围栏上投资了23000美元,现在因拒绝移走她的六只鸡而面临近80000美元的罚款(每天300美元)。 Sarkisian在太平洋法律基金会和农场对消费者法律辩护基金会的支持下起诉了该市,声称该法令侵犯了她的第14修正案正当程序权利。该诉讼辩称,该条例没有提供明确的标准、上诉程序或听证权,本质上是赋予邻居对其财产使用不受限制的否决权。 这种情况反映了密歇根州反鸡条例最近面临的其他挑战,奥克兰县的一个城市的条例已经被认为违宪模糊。虽然底特律已经接受了城市家禽,但萨尔基西安鸡的未来仍然不确定,但她仍然坚定地捍卫自己的财产权。

黑客新闻的一个帖子讨论了一篇关于密歇根州道格拉斯市一名妇女(人口约1000人)被罚款80000美元的新闻文章,尽管她的鸡有许可证。一位评论者将这种情况比作阻碍住房建设的邻避主义,理由是邻居的反对和标准的转变。另一位指出了该镇的小乡村性质,并质疑其条例的更广泛适用性。第三位评论者表示支持更广泛社区的合理限制,反对财产权完全神圣不可侵犯的想法,并不喜欢自由主义者将这个问题用作楔子。
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原文

The city of Douglas, Michigan, is determined to take the "free" out of "free range." In 2023, Kathryn Sarkisian, a resident of the Lake Michigan tourist town, wanted to do something that seemed simple enough: raise chickens in her backyard. She then sought—and received—a permit directly from the city, authorizing her to do so. Barely a month later, the city pulled an about-face, telling Sarkisian that she would have to get rid of her chickens on account of a neighbor's complaint.

Douglas originally passed its chicken ordinance in 2020, which gives neighbors a 21-day period within which to object to nearby chicken permit requests. This process wasn't followed, though, since the neighbor's complaint came after the city had already issued Sarkisian's permit. The city claimed that it had forgotten to notify the neighbors of their right to object during the review process and had therefore done so retroactively. Since one neighbor ended up objecting, Sarkisian was told she'd have to get rid of her chickens.

In the meantime, Sarkisian had spent $23,000 building a chicken coop and a privacy fence to shield the chickens from view. When Sarkisian refused to budge, the city began assessing a $300-per-day fine in November 2024. This means she is currently facing nearly $80,000 in fines for her refusal to comply with the city's demands. Worse yet, the city hasn't even clarified when the tolling period for the fines started—if it started from the time she began raising the chickens, the fines would now total over $200,000.

Despite the immense financial penalties at play, Sarkisian's six plucky chickens still stride outside her back door. "I was raised in a family that loves this country, that believes in our freedom, that's grateful for people who fought and who still fight for our freedoms," Sarkisian told MLive in a recent interview. "And those freedoms and rights are very near and dear to me."

Earlier this month, Sarkisian decided to make her protest official by suing the city of Douglas in federal court, with the assistance of the Pacific Legal Foundation (PLF) and the Farm-to-Consumer Legal Defense Fund. Specifically, her suit alleges that the city's ordinance violates her due process rights under the 14th Amendment.

Even if the city had followed the proper timing protocols for neighbor objections, the lawsuit notes that the ordinance's wording still inherently runs afoul of due process rights. That's because the ordinance provides no clear standard, no ability for Sarkisian to appeal or contest her neighbor's complaint, and no right to a hearing. According to PLF's complaint, this effectively gives her neighbor "a standardless and unreviewable veto over Kathy's use of her own property."

The city of Douglas isn't the only Michigan town that has recently tried to clamp down on backyard fowl. Earlier this year, a local court in Oakland County, Michigan, struck down a different city's antichicken ordinance, ruling it to be unconstitutionally vague. (On the other hand, the city of Detroit, of all places, recently greenlit the ability of residents to raise ducks, chickens, and honeybees.)

As of this writing, the ultimate fate of Sarkisian's six chickens—lovingly named Sugar, Sunshine, Cinnamon, Butter, Piper, and Queen Isabella—remains undetermined. But Sarkisian is not backing down, nor does she regret her decision to sue. "Are you kidding me?" she said to MLive. "This is our right. These are my chickens."

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