By Paul Cobler
Texas Tribune
/https://static.texastribune.org/media/images/TxTrib_PlasticBag_MS_1.jpg)
A hearing before the Texas Supreme Court earlier this month could have implications that will spread across the state faster than such bags blowing in the wind.
The court heard oral arguments in the case, Laredo Merchants Association v. The City of Laredo, in which the merchants’ association is arguing a ban on single-use bags by the city is illegal because an existing state law regulating solid waste disposal pre-empts it.
If the merchants’ challenge is successful, Texas cities, including Austin, Fort Stockton and Port Aransas could find their similar local bans on bags struck down, and the case would create deeper questions about the role of local regulation in the state.
San Antonio’s 4th Court of Appeals ruled 2-1 in August 2016 that Laredo’s bag ban was illegal, overturning a 2015 ruling by the 341st Judicial District Court in Webb County that sided with the city. The city then appealed that decision, sending the case to Texas’ highest court.
The case hinges on only a few lines of the Texas Health and Safety Code, specifically section 361.0961, which states local governments may not “prohibit or restrict, for solid waste management purposes, the sale or use of a container or package in a manner not authorized by state law.”
In the lower courts, arguments focused on the specifics of the law, including the definitions of "container or package" and "solid waste management."
Attorney Christy Drake-Adams filed a friend-of-the-court brief on behalf of the Texas Municipal League and the Texas City Attorneys Association supporting the city of Laredo and arguing that siding with the merchants would represent a swift departure from Texas’ history of supporting local governments.
“There just seems to be a trend that the state wants to consolidate power in the state's hands,” Drake-Adams said. “They don’t want the federal government telling them what to do, and yet they want to tell local governments what to do.”
Drake-Adams also said this case could create a dangerous precedent of strict, uniform regulations on cities.
“Extreme uniformity and regulation fails to address diverse local concerns,” Drake-Adams said. “Texas is a great example of why that can’t work. A state as large and diverse geographically as Texas, that simply can’t work.”
Supporters of the merchants' case are arguing that statewide enforcement of the law should overrule any local ordinances, and the inconsistent local laws like the plastic bag bans seen in cities across Texas cause unnecessary strain on small businesses.
A hearing before the Texas Supreme Court earlier this month could have implications that will spread across the state faster than such bags blowing in the wind.The court heard oral arguments in the case, Laredo Merchants Association v. The City of Laredo, in which the merchants’ association is arguing a ban on single-use bags by the city is illegal because an existing state law regulating solid waste disposal pre-empts it.
If the merchants’ challenge is successful, Texas cities, including Austin, Fort Stockton and Port Aransas could find their similar local bans on bags struck down, and the case would create deeper questions about the role of local regulation in the state.
San Antonio’s 4th Court of Appeals ruled 2-1 in August 2016 that Laredo’s bag ban was illegal, overturning a 2015 ruling by the 341st Judicial District Court in Webb County that sided with the city. The city then appealed that decision, sending the case to Texas’ highest court.
The case hinges on only a few lines of the Texas Health and Safety Code, specifically section 361.0961, which states local governments may not “prohibit or restrict, for solid waste management purposes, the sale or use of a container or package in a manner not authorized by state law.”
In the lower courts, arguments focused on the specifics of the law, including the definitions of "container or package" and "solid waste management."
Attorney Christy Drake-Adams filed a friend-of-the-court brief on behalf of the Texas Municipal League and the Texas City Attorneys Association supporting the city of Laredo and arguing that siding with the merchants would represent a swift departure from Texas’ history of supporting local governments.
“There just seems to be a trend that the state wants to consolidate power in the state's hands,” Drake-Adams said. “They don’t want the federal government telling them what to do, and yet they want to tell local governments what to do.”
Drake-Adams also said this case could create a dangerous precedent of strict, uniform regulations on cities.
“Extreme uniformity and regulation fails to address diverse local concerns,” Drake-Adams said. “Texas is a great example of why that can’t work. A state as large and diverse geographically as Texas, that simply can’t work.”
Supporters of the merchants' case are arguing that statewide enforcement of the law should overrule any local ordinances, and the inconsistent local laws like the plastic bag bans seen in cities across Texas cause unnecessary strain on small businesses.
To read rest of story, click on link: https://www.texastribune.org/2018/01/11/texas-plastic-bag-bans-threatened-supreme-court-challenge-laredo-ordin/
18 comments:
Your picture is the symbol of Brownsville...either the plastic bag on the fence or a plastic bag stuck on a mesquite bush. We spend millions to put those little "armadillo" bike bumps to protect the few that ride bikes downtown and yet the city can't convince the citizens of Brownsville not to trash their city.
THE CITY SHOULD NOT BAN THE PLASTIC BAGS INSTEAD THEY SHOULD FINE THOSE DIRTY PEOPLE THAT THROW THEM AWAY ON THE STREETS. BESIDES BEING ILEGAL TO CHARGE A fEE AT THE STORE SO YOU CAN GET A PLASTIC BAG TO BE ABLE TO CARRY YOUR GROCERIES !! THE SOTRES ALSO ARE TAKING ADVANTAGE CUZ WHEN YOU ASK THEM FOR A BAG IS LIKE " WE DON'T ISSUE BAGS" !!! NOT EVEN PAPER BAGS?? NO !!! IT'S LIKE ??? MOTHERFUCKERS WE ARE BUYING FROM YOU WE GIVE YOU BUSINESS AND THEY DON'T GIVE A FUCK !!! WHAT'S WRONG HERE???????? PURA PINCHE POLITICA !!
Japan is making plastic bags with biodegradeable yuca root. This is an easy crop for the valley, and would mean jobs.
These anti-bag lawsuits are to help Saudi Arabia make more of a profit, selling plastic bags, plastic straws, plastic bottles, more plastic stuff to us.
Saudi Arabia, Exxon-Sabic is building the world’s largest plastics facility just north of Corpus Christi Bay, two miles from a middle school, despite protest from local residents.
The Saudis and ExxonMobil ethane steam “cracker” facility will create an enormous new glut of bottles, food packaging, polyester clothing and other products that are already, once discarded, choking the world’s oceans and food chains.
Can't have plastic bag bans in the state, when we've got the largest production facility of plastic trash in the world moving to Corpus.
That's sad. The city should come forward, I'm sure it has saved tens of thousands of dollars in places we didn't see, such as sewers and drains that used to clog up with bags, overflow, the cleanup crews needed.
I remember some pinche gringa from NY that the city hired started all this bullshit. Her reasoning was If the city of Austin is doing it we should do the same. (UNBELIVEABLE)
Los pendejos elect officials took advantage including la chisquiada and approved the sale of plastic bags. In the end the citizens are the ones footing the bill (thru the sale of plastic bags)for all those PET PROJECTS. When is this going to stop?
How can it put a strain in small businesses? They no longer give you any sort of bags. Those are bags they no longer have to buy and give to customers. NOw if they can sell plastic bags those small businesses get to keep fifty percent of the All Sales of plastic bags.
We did it before Austin. Any more misinformation you'd like to ignorantly affirm? This is why we can't have nice things, idiots like this and their alternative facts.
For those who want to fine the dirty people who throw trash out on the streets instead of banning the stupid bags, go outside and find a piece of trash. Now, trace it back to the one who threw it.
If people would quit being pigs, we wouldn't need these regulations. And the Japan idea is a good one.
To: Stupid at March 1, 1:50pm
The date approved is of no importance what is important here is the real misinformation used to approve plastic bags. Having NICE things that make you and a "few" others happy is not the reason to ramrod idiotic ideas on how to tax the majority to "make a few happy". Doing it before Austin doesn't get us or makes us any better. Posters like you is what makes everybody in this town really look stupid. I will not call you an idiot because you are beyond that.
You really want to see pigs go to the appalachian mts and see your cousins the real pigs.
"We did it before Austin" idiota pendeja very proud.
This is third world mentality, abuse of power by the ones who are "supposedly", public servants. Our own former governor was accused of abuse of power by coercion, what do you expect. Our own so called, elected, officials go to Mexico to teach or to educate third world wannabees, but it looks like the third world countries are educating our so called, wannabees in Texas. Way to go idoits. By the way, why isn't the "public" media reporting on the recent CONVICTION, of Senator Carlos Uresti, it happened on Feb. 23. What about the issue of the county bail practice of magistrates that "keeps" the poor in jail, while the wealthy, (like Tony Izaguirre), get expungement of records? Report on the NEWS we the citizens need to be kept informed. PLEASE
My abuela always carried a large straw bag knit in red, yellow and green stripes to the the mercado or to the pulga, to buy the week's groceries. Then we would ride the bus home. Many of the ladies on the bus also had these bags, filled with their groceries too. They still sell them in mata. Sometimes they are blue, pink and white. No one expected a one time use, diposable plastic bag back then. It is kind of crazy if you think about it. Why do we put things in plastic bags for the 5 minutes it takes to load them in the car and drive home, then throw them away again? Why do we put 3 avocadoes in a plastic bag in the produce aisle? Then put bananas in another plastic bag, just to take it home, then take it out of the bag again? What is the point of that?
Abuela carried all the groceries in the same knit straw bag every weekend. The vendor would weigh her produce on the scale and the fruit or veg was carefully tucked away. Only the queso and meat was wrapped in paper, I think.
When did plastic bags become a thing anyway? It seems to me they came around at the same time obesity exploded and everyone was growing rolls of fat everywhere. No one walks to the market anymore with a single straw bag for the week's groceries. Now everyone needs to stuff their face with bags and bags of cartloads of food, and every little fresh piece of vegetable has to be in its own little plastic bag, and most of the crap people buy is also wrapped in plastic. Maybe the plastic is what is making everyone fat? Kind of weird if you think about it. When did this happen to us?
Unless you work for the plastic bag industry, ok, they want more plastic bags. But who else wants to see more used trash blowing around in their yard? A testament to our lazy and disposable fat culture here.
I remember when the proposal was made and I do not recall a 'smoke up their asses' campaign. It was pretty straightforward. What crack are u smoking?
I have no issues remembering to bring my reusable bags to the store. Sorry you are senile/ mentally challenged/ too stupid and "beyond that" to do the same. It's really a shame people can't be fucked into remembering such a simple thing like bringing bags from home to the store to buy your diapers and metamucil tablets. You'd rather have the convenience of free garbage.
If you want plastic bags so much, why don't you just leave. You're embarrassing the children with your behavior.
The fees paid for a lot of really nice things that couldn't have been done otherwise. It's not just a few that appreciate it, it is the entire population that enjoys these benefits. It's a shame we now give these dollars to corporations versus back in the community. Paxton really deep dicked us there.
Complaining that change doesn't fit your lifestyle is pathetic. You're gonna die (probably soon, you sound like you have heart disease with that laziness and stress) mientras everyone else will use the nice things we got; while enjoying the clean environment around us. And nobody will remember you and your pointless bitching. You're nothing. You're invisible. You're outdated. You're windows 98. You're Atari. You're a shit stain in a bathroom and the janitor is about to clean u up. Bye bitch.
Every other word is an insult what a pathetic human being. What you sow you will reap. I hope you don't have any children and if you do they will be a reflection "OF YOU". Really sad. Very proficient with the use of insulting word.
"You're the one embarrassing the children with your behavior."
to: March 2, 2018 at 1:54 PM
Question: If you bring your reusable bags you won't buy plastic bags-right? So if everybody brings their bags they won't charge a fee right? So in the end if there is no fees charged there won't be nice things, right? So what dollars are (they?) giving to corporations?
I miss the point can you elaborate I don't want to think I'm mentally challenge. No insults please thanks children read this blog.
Even if they do away with bad ban. Retailers in Brownsville will still have us for bags. The precedent has been set. We're screwed. Thanks Pat Ahumada!!!!
Don't understand why Pat? We like to know.
The whiners who want plastic bags again, who want to see more plastic trash everywhere, are the same people who leave poopy diapers in the parking lot for other people to step on. Our city is their dumping ground!!
Post a Comment