Saturday, April 2, 2016

TPPF files legal brief AGAINST BAG BANS!!!


‘You shall not covet your neighbor’s wife; and you shall not desire your neighbor’s house, his field, his male servant, his female servant, his ox, his donkey, or anything that is your neighbor’s.’
Deuteronomy 5:21

Good for TPPF:

Texas Public Policy Foundation Files
Amicus Brief on Plastic Bag Ban

Plastic Bag Ban Ordinance Exceeds City of Laredo’s Authority

AUSTIN – The Texas Public Policy Foundation (TPPF) filed an amicus curiae brief inLaredo Merchants Association v. City of Laredo, Texas opposing the City of Laredo’s ordinance that directly contradicts Texas law by prohibiting retailers from providing customers with plastic bags.

            “Government entities are subject to the rule of law, just like everyone else,” said Allegra Hill, policy analyst with the Center for Local Governance at the Texas . “But the law is worthless if it’s not enforced. That’s why Laredo’s case is so important. Laredo’s ban on plastic bags violates state statute, and must be struck down. If the residents of Laredo think plastic bags should be banned they can lobby the legislature. In the meantime though, the City must follow the law.”

To read the amicus curiae brief in its entirety, please visit: http://txpo.li/TPPF-Amicus-Brief-Laredo-Merchants
The summary of their argument cuts to the heart of the specious "local control" claims the taxpayer-funded lobbyist crowd likes to throw around:
SUMMARY OF ARGUMENT 
The City’s authority is defined, limited, and checked by the Texas Constitution and law. Nevertheless, the City enacted an ordinance that directly contradicts Texas law by prohibiting retailers from providing customers with plastic bags. This ordinance exceeds the City’s authority and constitutes an ultra vires action. While there is a valid policy preference for local control in Texas, such control cannot result from a usurpation of power by overreaching local entities. The City is subject to the rule of law and cannot infringe upon what the Legislature has expressly and definitively removed from the City’s authority. Laredo’s plastic bag ordinance must be struck down.
Read the entire brief below:

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