PETERS, Mo. — While California is paying property owners to remove their turfgrass lawns, this Missouri city of 54,300 people located 27 miles northwest of St. Louis, requires that a “minimum” of 50 percent of all yard areas “shall be comprised of turfgrass.”

The ordinance punishes homeowners who do not grow enough turfgrass to please local regulators with up to $500 fines and 10 days in jail for every day the homeowners have inadequate turfgrass.

Carl and Janice Duffner replaced their grass with a manicured hillside with flowers and small ponds, walkways and sitting areas to enjoy the yard. That’s not allowed even though Janice Duffner suffers from allergies, said the city.

The Freedom Center of Missouri took up their cause and is arguing that the turfgrass law violates both the U.S. Constitution and the Missouri Constitution, reports the Daily Signal.