Write For Rational Outrage

Gardening is a hobby that can quickly become a passion for many people.  I am one of those people.  You can call me green, crunchy or a compost wacko if you want; my garden appreciates my efforts and I like to think the earth does too.

When I heard the story about a fellow gardener who was taken to court over his method of composting I was quickly outraged.  Perhaps I am a bit biased; however, when I related the story to others - even non-gardeners - many had the same feeling.  The case brought against John Dragona was nothing short of harassment.

John Dragona and his wife Tulia are avid gardeners.  They maintain a well cultivated garden in Cliffside Park, New Jersey.
 
The Dragonas are both blind.  They say that since they are not able drive and few other recreational activities are available to them due to their disability, gardening has become their passion.  They regularly feel the ground to pull out weeds by hand and follow other good gardening practices such as composting.

Ahh, the composting.  This is where the story really begins.  

Composting can be done in many different ways.  There are many methods to combine garden and kitchen waste in order to allow it to decompose into nutritious compost to feed the soil, which in turn will naturally feed the plants.  

Aside from the fact that composting is a good garden practice, it is also good for the environment.  Dried leaves, grass clippings, coffee grounds, egg shells, veggie scraps and numerous other materials are not sent to the landfill if they are composted, and that can only be a good thing.  Compost also lessens or eliminates the need for chemical fertilizers which pollute the environment and also require the use of  fuel and other natural resources to create, market and distribute.

The method that John and Tulia Dragona used to compost is generally called sheet composting or creating a lasagna bed.  They took their compostable materials, both brown carbon materials and nitrogen-rich green scraps and layered them in their garden beds to improve the soil.  

Sheet composting is a well-known and generally accepted way of creating compost.  I say generally accepted because I know of only one instance in which it was not accepted, and that is the Dragona case.

Earlier this year borough officials issued John Dragona a summons.  They considered the composting materials that he layered in his vegetable garden to be "vegetative debris," according to a report by The Record.  The officials considered Dragona's method of composting a potential health hazard to the community.

Additionally, a Health Department inspector cited Dragona for "failure to keep property cleaned and maintained" due to his composting technique.  Health officials allegedly detected an odor from the compost when they visited Dragona's garden.  Compost has a mild and pleasant "earthy" odor.  There are no foul odors associated with compost or the composting process.

So for whatever reason, the borough decided to single out and bully Dragona.  They threatened to fine him up to $500 if he continued sheet composting on his property.

Thankfully, Dragona did not stop composting and instead got help from attorney Gavin I. Handwerker, of the Nissenbaum Law Group.  

I spoke with Mr. Handwerker while preparing this story and asked if he knew of any other cases in the area involving compost.  He told me that he was not aware of any.

At the end of July, Dragona appeared in court with his guide dog by his side, ready to fight for his right to maintain good garden practices by composting.  However, before the showdown could begin, a generous gesture brought the case to a close.

Mr. Handwerker informed me that an anonymous person decided to end the madness that the borough had created over Dragona's compost.  This person set out to purchase a composting unit to donate to the Dragonas.  However, when the composter was about to be purchased the seller realized the situation and who it was for and simply gave it to the anonymous donor so that it could be gifted to the Dragonas.

Composting units are usually bins or barrels designed to contain composting materials while they decompose.  While not at all necessary, they are used by some to give a more tidy appearance to the composting process.

As a result of this gift, the ridiculous charges were dropped against Dragona and he now composts in a way that is acceptable to the borough.

All's well that ends well.  Compost happens.  Still, the borough could have avoided wasting time and resources in the first place by not harassing a green gardener.