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Weed Laws Article on Landscaping (John Marshall Law Review) Page 11 of 27 <br />landscape. Thanks to her efforts, St. John's is now considering re- writing its weed <br />ordinance to expressly allow natural landscaping. <br />8. The "Chicago 5" <br />In America's heartland the battle is being waged to convince the nation's third <br />largest city to permit residents to naturally landscape" something the State of <br />Illinois, Cook County, the Park District and the city itself all actively practice on <br />public lands.91 <br />The Chicago 5 are a varied lot. Jack Schmidling grows a natural landscape <br />consisting of a 110 varieties of Illinois prairie, woodland and wetland plants and <br />wildflowers.92 His yard attracts 64 species of birds. Mike Regenfuss cultivates a <br />natural landscape as an important part of the North Branch Prairie Restoration <br />Project, a joint project of the Cook County Forest Preserve District and The Nature <br />Conservancy, a national conservation organization.93 Since 1949, Larry Clark's <br />family has cultivated a natural landscape consisting of a savanna, prairie, wetland, <br />and an experimental garden.94 Debra Petro lives on Prairie Avenue and since 1988, <br />she has grown native Illinois prairie and savanna plants as part of the Chicago Park <br />District's Bob -O -Link Prairie Reconstruction Project 95 and the Indiana Department <br />of Natural Resources' Hoosier Prairie Restoration Project. Rich Hyerczyk grows <br />native Illinois prairie plants to help preserve native plants in cooperation with the <br />Cook County Forest Preserve District.96 <br />In 1991, the Chicago 5, fed up with the continuous threat of citation for violating <br />the weed ordinance, filed suit in federal court to declare the Chicago Weed <br />Ordinance unconstitutional.97 Beyond the legal arguments,98 the Chicago 5 raised <br />compelling common sense arguments for allowing them to maintain natural <br />landscapes in Chicago. The City cultivates a native prairie of wildflowers, legumes <br />and grasses at The David Lee Animal Control Center on the near south side.99 The <br />Cook County Forest Preserve District is aggressively reintroducing prairie plants <br />throughout Chicago.' 0o The Chicago Park District is engaged in similar <br />programs.' 01 Like the Park District, the Illinois Department of Transportation is <br />reintroducing native prairies throughout the state. Its reasons are: (1) historical <br />(Illinois is the "Prairie State "); (2) environmental (prairie plants are beneficial to <br />wildlife); and (3) economical (by introducing prairie plants, IDOT is able to save <br />money, and reduce gas consumption, wear and tear on IDOT machinery, and man- <br />hours necessary to mow roadsides).102 <br />The fact that homeowners are prosecuted while the governments that prosecute <br />them plant natural landscapes demonstrates the tug -of -war between those who want <br />to live the Land Ethic and those who want to continue the practices that ignore <br />humankind's proper place within Nature. Some in government, like the Chicago <br />Park District, recognize the Land Ethic. Others, like those who prosecute natural <br />landscapers, do not. The view of the former is taking hold for a host of compelling <br />reasons set forth below. <br />http : / /www.epa.gov /glnpo /greenacres /weedlaws /JMLR.html 2/22/01 <br />