The Fourth Court of Appeals just struck a mighty blow in favor of the rule of law.
In an opinion issued today, the Court found in favor of the Laredo Merchant Association, a group challenging the city of Laredo’s plastic bag ban on the grounds that it is preempted by existing state law—a position supported by the Foundation, then-Attorney General Greg Abbott, and 20 current state lawmakers.
More from the brief:
REVERSED, RENDERED AND REMANDED
This is a statutory construction case in which we must determine whether section 361.0961 of the Solid Waste Disposal Act (“the Act”) preempts a checkout bag ordinance enacted by the City of Laredo (“the City”) – City of Laredo Ordinance No. 2014-O-064, codified at section 33-455 of the Laredo City Code of Ordinances (“the Ordinance”). On appeal, appellant Laredo Merchants Association (“the Merchants”) argues the trial court erred in granting the City’s motion for summary judgment because the Ordinance is preempted by section 361.0961. Because we conclude the Ordinance is inconsistent with section 361.0961 and therefore preempted by it, we reverse the trial court’s judgment, render judgment in favor of the Merchants, and remand the cause to the trial court to determine whether the Merchants are entitled to an award of attorney’s fees. [emphasis mine]
With the Court having now ruled that the ordinance is “unenforceable as a matter of law,” Texans, at least in some areas of the state, have been brought out from under the yoke of this California-esque ban and reassured of the rule of law.