What happened Wednesday night may not go down in the history books with Custer’s Last Stand or Battle of Bunker (Breeds) Hill, but that doesn’t mean it isn't worth recounting.
Let me give you a brief recollection of the events that occurred leading up to the death of our garden: the way it unraveled, the players involved, and the instances of abuse of common law, respect, and dignity.
It began with this email received one week ago:
I wanted to remind you that the garden must be removed from the Kensington parking lot by this Saturday. You may call a junk removal service if you don’t know how to remove it, if we have to have it removed or call the removal service we will charge you accordingly. The rates for the junk removal service that we use are min. of $87.00 and upward based on the cubic feet of items to be removed. Please make sure that this is done or the fee will come equally out of your deposit.
Abuse #1: Insult someone, their family or property without prior confrontation.
Jordan replied courteously and respectfully, citing the facts and feelings behind our intentions.
The reply was as follows:
Jordan,
A reasonable individual would respect the last wishes of faithful tenants and family friends, but reason was not to be found.
In order to comply with the wishes of the condo owner, the garden was moved to a new location (video of this to come) where it affected neither parking, nor trash removal, nor the owner. It seemed a perfect solution, and most would agree. The gardeners wanted only to harvest the fruit of their labors, and expected it to be fully reaped and removed by next month’s end.
Immediately following the move, we notified the owners and made clear once again our intentions and pledged to fulfill our responsibilities in the future removal of the garden.
The following email came as a reply:
Tyler,
This is the last email that we will be sending to discuss the garden.
The garden is still placed on Kensington apartment property. It needs to be removed. If the garden is going to be taken care of by the residents of the house next door, they need to find a spot to place the garden. Therefore, the garden needs to be placed on their property somewhere. However, it must be removed from the Kensington property. If the residents of the other house decide that we will accept for responsibility for the garden, they need to notify us by sending an email stating their intentions to [owner] (respect dictates the courtesy to withhold names).
Since the issue has become such a strong point, we are setting the lines. If the garden is not removed tonight by 8 o'clock, we will be charging $750 to the renters. This $750 will be taken out of the rental deposits for David, Tyler, & Jordan in which case you will recieve no refund.
As I stated before, this is the last email that is going to be sent from us regarding the garden and other issues at hand. If you have any more concerns, please call me directly on my cell phone. However, we are going to be strict to enforce the removal of the garden by 8 o'clock tonight (August 23rd).
Abuse #2 Issue false threats with false fines, with blatant disrespect to the law
Fortunately, we are well aware of the dictates of contract law, and a quick perusal of the lease agreement afforded us the confidence that no fee could be charged or deposit held without damage to the premise (of which there would be none). If they would like to set lines, it would be more than welcome, but similar to a wave that washes away writing in the sand, so too would the law wash away their fines (and stick them with attorney fees for both sides and possible judgment of up to 5 times the inflicted damages).
On Monday night, the owner appeared with his posse of patrons. Like a man who ate respect for breakfast and disposed of it by natural means, his demeanor was uncouth at best. His face was gnarled and bristling; his eyes squinted with brows slanted and sharp. We approached him, satisfied that upon seeing the present location of the garden, reason would set in, and a mutual agreement would follow. We were content with creating a solution which met the demands of both mercy and justice. Unfortunately, mercy had long run away, and justice was nowhere to be found.
“Wednesday,” was the reply when we pled for additional time. “Wednesday” was all we received.
I can’t say that he is to blame for his actions. We’ve all had days that we wish would pass. A restless night, disagreements at work or with family, or even a long drive, cramped in the car (or relaxing in a luxurious Volvo SUV), can contribute to a lack of patience for normal things, and normal situations. Who knows but he is a reasonable, respecting man on a normal day.
Why the owner, who had children of his own, had treated us like groveling peasants on this day, we’re not sure, but we didn’t take well to it.
Tuesday morning, Tyler made a call to the home owner’s association. According to his report, the individual with whom he spoke was both courteous and understanding. He agreed to examine the situation and then make a decision. Quite possibly he was a scholar of science and the scientific process, or possibly he pursued the study of law, and formulated proofs before drawing a conclusion. Either way, he was a reasonable man, and very respectable. The following morning (Wednesday), Tyler received a call stating that all things considered, the garden would remain in its present location until September 30, at which date, it will need to be completely removed from the premises. It seemed a logical solution, which allowed time for the garden to pay out, and demanded responsibility of the gardeners in the end.
Soon after receiving the call, Tyler dialed up the owner to inform him of this approval and ask his blessing. Much to his disdain, the conversation quickly turned south. The owner seemed bitter and contentious and ended with these remarks, “I’m going to talk to [the association president]. I’m going to call him right now!”
Later that day, we received a call from the association president stating that the owner had demanded the garden be removed, and that he was sorry, but we would need to honor his request.
A lot of prayers previously offered on behalf of the owner were quickly reversed. A fire began to burn in our breasts, and if there was any tea nearby, we would’ve surely dumped it in our kitchen sink (we don’t drink tea).
At that point, we did what any true American would do – organize a resistance.
The gardeners reached out for help to those who would primarily be affected by the loss of the garden. They were asked to contact the owner directly and petition his mercy. They were all sharply denied. Then, the press was contacted. Local as well as national figures were contacted. The owner’s information was dispersed to those who had previously taken an interest in the garden, and to some who were informed for the first time. In a similar manner, these too were disregarded as dross.
Next, the story took an interesting twist. In moments of pure genius, ideas began flowing.
Friends were consulted, and intelligence was transmitted. The decision was made - we would sell the garden to a current owner, or at least a current tenant. We made some calls and our best attempt at reaching an owner, but time was in short supply, and so were the owners. We settled for a sale to a current resident, who happily obliged. A Bill of Sale was drafted and signed, and legal tender was exchanged.
Abuse #3 Disrespect for the personal property of others, yea, even intention to pilfer
After the transaction, Tyler called the owner to inquire about his intentions. He worried that an exchange of personal property (the garden) might have legal ramifications if someone were to remove (purloin) it without permission. He replied that it was no concern of his, to which Tyler expressed his apprehension that the county jail is not a pleasant place and that he likely would not be receiving many visits, or at least not from people in these parts. The conversation then quickly escalated, and the owner drew once again on his conversation with the home owner’s association and the fee that would be assessed if the garden was not removed. Tyler stood his ground, and with the law on his side, informed the owner that we were not intimidated by threats, and that if legal proceedings were needed, so be it. At that, the owner invited him to advance with the proceedings (his first demonstration of reason in the situation). We’d rather not pursue this route for the sheer time commitment involved, but we remain on alert for the day when our deposit is returned (or not) to see if this will be our path. I hear that Judge Judy reimburses expenses. She is quite reasonable, so I think we’d all get along. The conversation ended with courtesy. Both parties wished the other well and bid farewell until a later time (assumed that very evening).
Soon after, a planned protest was organized. Time was fleeting and organizers few. We did our best, and that’s all that matters. The owners were seen hovering around the area near the time of the planned protest.
Abuse #4 Hover with the intent of stopping free speech
Fortunately, the hovering was to no avail. As soon as they left, a handful of friends, supporters, and allies marched over and demonstrated peacefully against the unreasonable axis power. Carrots and celery were passed out, gnawed down, and eventually disappeared like the sun on our summer’s labors.
At this point, we realized that it was a battle worth fleeing for. That is, to say, the troops were tired and hungry, provisions were scant, and the prize… well, it wasn’t worth fighting for, anymore. We three gardeners looked at each other with the same look and acknowledged that
the garden’s time had come. It wasn’t that we were conceding defeat. Not a chance. Success had come from a summer of work, a summer of fun, and the enjoyed satisfaction of seeing it through, responsibly. Not everyone can dedicate themselves faithfully to something this demanding. We felt satisfied to ruminate on our labors, rejoice in our accomplishments, and relish our victory.
We carefully undid what we had so diligently done. The strawberries, onion, and zucchini, all still alive and well, would be transplanted to their new home nearby. The corn, tomatoes, and peppers said their final farewells. The carrots were harvested and placed neatly aside. The dirt was removed shovel by shovel, just as that first spring afternoon, but this time with a different sentiment in our hearts. Memories of the first day in April flooded our heads, as did recollections of our initial excitement and jubilee.
Mid-way through our shoveling, we were abruptly interrupted by the parking authority- University Parking Enforcement. If by any means, you think they are associated with the nearby university, you would be wrong. These are the soul-less type, the money-loving, and the evil-wishers. They care not for the people they “serve” and many good men have fallen prey to their bait. It’s surprising what a few greenbacks can do to an otherwise healthy soul. Fortunately for us, he (tow-truck operator) came unequipped to handle such a request for removal. The last words I heard as he drove out of sight was “What a waste of time!” and to all a good night.
We continued to shovel until the deed was done. Our parking lot garden was now gone, and all that was left was the empty truck-bed shell. We carried it slowly to its resting place. The procession of pallbearers marched methodically and silently.
I know what some of you are thinking – why didn’t you continue the fight? If the law was on your side, why give up? Couldn’t you just move it somewhere else?
In response, there comes a time when you have to grow up and move on. We chose simply to move on (physically and literally, though, we have moved and gone our separate ways).
In closing, I know this post was long and detailed, but in truth, there is so much more that happened. You may have suspected that this is the last post. If you did so, once again, you would be wrong (assuming you were previously wrong at some point in your life). Over the next few weeks, we will resume our usual banter, full of the typical jocularity and optimism. Like a movie whose credits are playing, you have to wait to see what happens at the end. Stay tuned. Really. We have some good stuff. Really.
