Cops Arrest Daryl Hannah, Others for Climbing Tree in Garden Protest
Tuesday, June 13, 2006

LOS ANGELES — Sheriff's deputies evicted people from an urban community garden to make room for a warehouse Tuesday, touching off a furious protest in which actress Daryl Hannah and others climbed into a walnut tree or chained themselves to concrete-filled barrels. At least 39 people were arrested.

Authorities cut away branches in an effort to remove the "Splash" actress and another tree-sitter.

"I'm very confident this is the morally right thing to do, to take a principled stand in solidarity with the farmers," Hannah said by cell phone before a fire truck raised officers into the tree.

About 350 people grow produce and flowers on the 14 acres of privately owned land, in an inner-city area surrounded by warehouses and railroad tracks. The garden has been there for more than a decade, but the landowner, Ralph Horowitz, now wants to replace it with a warehouse.

At daybreak Tuesday, 120 deputies, some with batons and riot helmets, showed up to serve an eviction order that a judge signed last month. Deputies used saws to cut down the chain-link fence around the site.

Dozens of protesters chanted, "We're here and we're not going to leave!" in Spanish, blew whistles and blocked traffic in the surrounding streets. Protesters linked arms and sat on the tracks. Officers dragged some protesters away.

Inside the garden, firefighters had to cut free protesters who had chained themselves to the walnut tree, barrels filled with concrete and a picnic table. Deputies slowly pulled people out from among the avocados, sunflowers and other produce.

By late morning 14 people were arrested inside the farm and 25 were taken into custody outside.

Horowitz noted that the farmers were squatting on land zoned for warehouses and factories. The landowner said in a telephone interview that he was paying $25,000 to $30,000 a month in mortgage and other land costs.

"We've made, in the last three years, enough of a donation to those farmers," he said. "I just want my land back."

Horowitz accused the farmers of ingratitude, saying they had sued him and their supporters had picketed his home and office.

"I feel that the gardeners have been on the land for 14 years, almost 15 years for free. After 15 years, you say thank you," he said.

Horowitz also said the city had provided other locations for the gardeners, and most had left. In a statement, City Councilwoman Jan Perry also said many gardeners had moved to new garden sites.

The effort to save the farm attracted the support of numerous activists and celebrities, including Hannah, environmental activist John Quigley, country singer Willie Nelson, actor Danny Glover, folk singer Joan Baez and tree sitter Julia Butterfly Hill.

Supporters moved onto the property full-time in mid-May and occupied the walnut tree after the judge issued the eviction order.

...The effort to save the farm attracted the support of numerous activists and celebrities...

If Daryl Hannah, Willie Nelson, Danny Glover, and Joan Baez really cared, why didn't they offer to buy the land? Seems like the landowner was a reasonable guy who was just tired of giving away money.

If Daryl Hannah, Willie Nelson, Danny Glover, and Joan Baez really cared, why didn't they offer to buy the land? Seems like the landowner was a reasonable guy who was just tired of giving away money.

Mayhaps they should be thankful that they weren't evicted years ago and were able to have this garden all this time.

I feel that the gardeners have been on the land for 14 years, almost 15 years for free. After 15 years, you say thank you

"I'm very confident this is the morally right thing to do, to take a principled stand in solidarity with the farmers," Hannah told the Associated Press moments before her arrest.

Call me a cynic, but I've got to wonder why she, Baez, Laura Dern, Martin Sheen, Danny Glover and other Hollywood supporters couldn't help raise the dough to back up their principles.

And if they believe poor folk ought to do their farming on private property, I'm wondering when they'll ask some of their Hollywood pals to open the security gates to their sprawling compounds. I'm just guessing, but there must be thousands of acres of fertile soil out there, ripe for planting.

I think that Hannah and the other celebrity protesters have not thought the issue through as well as they should have. If they get their way, they might be able to save this particular garden. But if landowners such as Ralph Horowitz learn that once you let people garden on your property, you in effect lose your rights and can never remove the garden, they are likely to refuse to allow the creation of urban gardens on their land in the first place. This is especially likely if the government forces the owners to allow such gardens to stay in place permanently, once established. But even if the authorities merely let protesters such as Hannah & Co. usurp the owner's rights through private action, the same results might occur. Whatever one thinks of Mr. Horowitz, he did permit the garden to stay on his property for over a decade. It is unlikely that he and other similarly situated owners would do so if they had thought that it would lead to the permanent loss of their property rights.

To be sure, the government could (setting aside Takings Clause considerations) simply require owners to allow the establishment of urban gardens on any urban properties where local activists would like to plant them. But in addition to being a serious violation of property rights, this approach would severely undercut incentives to invest in urban property, thus imposing major economic costs on urban areas.