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Urban farmer Thomas Jackson, center left, is met by supporters, including Kooper Carter, before entering the Toledo Municipal Court.
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Urban farmer gets support from others

THE BLADE/LORI KING

Urban farmer gets support from others

City will remove mulch if he doesn’t

Urban agriculture isn’t always a pretty sight.

But the finished product typically is good for the land and the community, said supporters of Thomas Jackson, who appeared Friday in Toledo Municipal Court for failing to abate a nuisance, a first-degree misdemeanor.

Mr. Jackson, an urban farmer, is accused of failing to remove mulch piled on vacant city lots he owns at 1446 Macomber St., 1505 Milburn Ave., and 2325 Swiler Dr.

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Housing Court Judge C. Allen McConnell on Friday ordered the City of Toledo to remove wood chips from the three lots during the week of April 16, as Mr. Jackson has not taken care of the issue, as previously required.

Friends of Mr. Jackson rallied outside the courthouse before his hearing.

“We’re seeing someone who has to deal with intense legal fees that are affecting his livelihood,” said Sean Nestor, co-chair of the Lucas County Green Party. “It’s a chilling effect for other people attempting to do urban gardening in the city, it’s really showing that the city is not very forward thinking on these things.”

Malcolm Cunningham, a youth program coordinator at the Zepf Center, said, “The reality is, he’s using mulch. If mulch is a nuisance, then turn around and look at the mulch that’s right here.” Mr. Cunningham runs a gardening program that teaches inner-city youth how to grow, cook, and store food.

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“The only difference is, he’s trying to remediate the soil that’s full of heavy lead, heavy arsenic, all these different issues that are in the soil,” Mr. Cunningham said.

Judge McConnell said Mr. Jackson contacted “every source available” except the City of Toledo to bring the property up to compliance.

“I commend you for what you do, what you’d like to do, and what you’re trying to do, but there are laws that need to be abided by,” said Judge McConnell. “There are violations here. You simply have not gone about this in the right way.”

Mr. Jackson may do what he wishes with the property prior to the April date.

Mr. Jackson’s attorney, Sheldon Wittenberg, requested the case be continued so his client could “pursue an agreement with the city in this matter.”

“What Mr. Jackson has done is good. It’s good for the city,” Mr. Wittenberg said. “I recognize that there’s a legal problem and this court found it to be a nuisance. ... Unfortunately, it does take time, and I know this court’s patience has been running out.”

Assistant Prosecutor Joseph Howe said Mr. Jackson did not respond to an offer of a vacant lot. A letter from city Economic Development Director Calvin Lawshe offered a four-acre former Craft House Corp. site at 1515 Brancroft St.

Mr. Jackson told the judge he did respond and was negotiating the lease agreement.

A reporter from The Blade called Judge McConnell’s office to see if Mr. Jackson would be assessed the cost of the wood chip removal, and was directed to the law clerk’s office. Law clerk Zoe Kuzdzal said she had no comment. A call left with Cindy Geronimo of the Division of Code Enforcement was not returned.

The city, with the backing of some of Mr. Jackson’s neighbors, contend Mr. Jackson is illegally storing wood chips in the residential community, and say the wood chips contribute to odors and rodents.

Mr. Jackson says he is building up a compost base in which to grow vegetables to sell and give away.

After the hearing, Mr. Jackson called it a “tough decision” but he “kind of expected it” and appreciated the support.

“What the judge doesn’t understand is that the wood chips on the site have already broken down in the soil,” Mr. Jackson said. “The city was supposed to bring a competent party to explain that to the judge.”

Mr. Jackson is to appear again before Judge McConnell May 2 to close the case.

Mr. Nestor said he, Mr. Jackson, and several others in the urban agriculture field are drafting legislation to codify sanctions for urban agriculture on residential property.

“If anyone feels like urban farming is the right thing to do, please contact the city and let them know you’re not happy with this,” Mr. Jackson said. “We need to show some community support about this and let’s back our urban farmers. It’s healthy food for us and the city should understand this.”

Contact Allison Reamer at: areamer@theblade.com, 419-724-6506, or on Twitter @AllisonRBlade.

First Published April 1, 2017, 4:00 a.m.

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Urban farmer Thomas Jackson, center left, is met by supporters, including Kooper Carter, before entering the Toledo Municipal Court.  (THE BLADE/LORI KING)  Buy Image
Thomas Jackson, right, with his attorney Sheldon Wittenberg, listens to Toledo Municipal Court Judge C. Allen McConnell during his hearing regarding public nuisance charges.  (THE BLADE/LORI KING)  Buy Image
Judge C. Allen McConnell addresses Toledo urban farmer Thomas Jackson during his appearance at the Toledo Municipal Court.  (THE BLADE/LORI KING)  Buy Image
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