AUSTIN – On Friday, the Texas Public Policy Foundation (TPPF) filed an amicus brief in Laredo Merchants Association v. City of Laredo, Texas which is currently before the Supreme Court of Texas. The brief argues that the City of Laredo’s plastic bag ban conflicts with Texas state law, which preempts ordinances that prohibit the use or sale of a container or package for solid waste management purposes. In August 2016, the Fourth Court of Appeals ruled against the plastic bag ban, finding that the City’s ordinance is preempted by state law and “unenforceable as a matter of law.”
“As local governments are creatures of the state, local control does not give cities authority to regulate in areas where the Texas Legislature has expressly and definitively removed city authority,” said Bryan Mathew, a policy analyst with the Center for Local Governance at the Texas Public Policy Foundation. “Texas state law clearly states that cities cannot prohibit retailers from providing customers with single-use plastic bags. The Texas Supreme Court ought to strike down Laredo’s impermissible ordinance and uphold the rule of law.”
To see the full amicus brief, please visit: http://txpo.li/2rjHBVe
For more information or to request an interview with Mr. Mathew, please contact Alicia Pierce at firstname.lastname@example.org or 512-472-2700.
Bryan Mathew is a policy analyst with the Center for Local Governance at Texas Public Policy Foundation.
The Texas Public Policy Foundation is a non-profit, free-market research institute based in Austin, Texas. The Texas Public Policy Foundation aims to advance a societal framework that effectively fosters human flourishing based upon cooperation and mutually beneficial exchange of ideas and speech.