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Comparative Constitutional Law Keyed to Sutton, 5th Ed.
City of Laredo v. Laredo Merchants Association
Citation:
550 S.W.3d 586 (2018)Facts
The City of Laredo adopted an ordinance as part of a strategic plan to create a “trash-free” city. The ordinance made it unlawful for commercial establishments to provide or sell certain plastic or paper “checkout bags” to customers, with violations punishable as Class C misdemeanors with fines up to $2,000 per violation. The stated objectives were to promote beautification, reduce costs associated with stormwater maintenance, and protect life and property from flooding caused by litter obstruction. The ordinance declared its purpose was to reduce litter from discarded plastic bags as an incremental implementation plan toward a cleaner city. Shortly before the ordinance’s effective date, the Laredo Merchants Association sued, asserting the ordinance was preempted by Section 361.0961 of the Texas Solid Waste Disposal Act and thus void under the Texas Constitution.
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