Mr. Smith Goes to Washington and fights for chicken rights!

Currently, there is an important property rights bill being considered in Arizona, Senate Bill 1151, also known as the Homegrown Freedom Act.   This piece of legislation, which some glibly call the “Chicken Bill,” will have significant ramifications for the chicken (and other fowl-keeping) community, if passed.  The “Chicken Bill” protects the rights of individuals to keep backyard chickens (and other fowl) – regardless of municipal bans on the practice.  That is huge!  

Galen Luth, a small, organic farmer in Arizona, is the founder/director of the grassroots group Backyard Farmers United.  The mission of the Backyard Farmers United is to promote and protect individual rights to produce food on private property. The Backyard Farmers United organization is also the main support group behind the Homegrown Freedom Act, which includes pending Arizona Senate Bill 1151 as well as broader urban farming initiatives.

adobe chicken coop – photo found on pinterest

Senate Bill 1151 was created as a result of Luth approaching Arizona Senator David Farnsworth about the challenges and prohibitions by some municipalities to urban farming – particularly the keeping of backyard hens.  Together Luth and Senator Farnsworth co-authored the pending “Chicken Bill,” which succinctly asserts that all Arizonans have a right to keep fowl (chickens, ducks, quail, etc.) in their own backyard as part of their property rights.  The bill is limited to single-family dwellings, so this does not help condo, townhouse, apartment dwellers with their chicken desires.

Senate Bill 1151 also does not affect chicken prohibitions contractually agreed upon under subdivision covenants, conditions and restrictions (CC&Rs).  The reasoning behind excepting subdivisions with restrictive CC&Rs from the purview of the bill is that homeowners in those neighborhoods voluntarily agreed to those contractual limitations on their property uses when they purchased their homes.  Senate Bill 1151 however, does squarely challenge cities and towns that have banned chickens and other backyard fowl under local ordinances.

As Luth explained, keeping backyard chickens is a basic property right because at the root of owning private property is the purpose of using the land to sustain and shelter oneself. Arizona Senate Bill 1151 seeks to protect the Constitutionally enumerated and God-given rights for all people to enjoy life, liberty and the pursuit of happiness.  An essential part of enjoying such universal rights is the ability to feed oneself using one’s own property and labor.

Arizona Senate Bill 1151 passed the senate with overwhelming support.  The legislation has now gone to the Arizona House of Representatives and is awaiting consideration.  If you would like to support this bill, regardless of whether you live in the state of Arizona, you can get involved through the Homegrown Freedom Act webpage (the informational website in support of Senate Bill 1151) and you can also call and/or email the members of the Arizona House of Representatives.

MAIN SEGMENT: 

• Homegrown Freedom Act Website (to get news and involved) LINK


• Homegrown Freedom Act/Backyard Farmers United Facebook Page LINK


• AZ Senate Bill 1151 (Full text of this proposed legislation- read for yourself) LINK


• List of All Arizona House of Representatives (Call/email to support SB 1151) LINK


• Arizona State Senator David Farnsworth Contact Info LINK


• Institute for Justice – AZ Bill Allows Homeowner to Keep Backyard Hens ARTICLE


• AZ Business Journal – AZ Bill Would Allow Chickens, but Not Roosters ARTICLE


• AZ Capital Times – Chicken Bill Advances ARTICLE


• Yuma Sun – City Official: Poultry Regulations Better Left at Local Level ARTICLE


• AZ Daily Star – Lawmaker says Chicken&Eggs are Constitutional Right ARTICLE