Friday, June 22, 2018

SCOTX's ruling in bag ban case a FANTASTIC sign for case against #atxcouncil's "Sick Leave" Entitlement

"You shall not pervert justice; you shall not show partiality, nor take a bribe, for a bribe blinds the eyes of the wise and twists the words of the righteous."
Deuteronomy 16:19

Obviously, the Texas Supreme Court ruled this morning against the City of Laredo in the bag ban case.  That's a good thing on it's own.  But it's also a very encouraging sign for the lawsuit against the City of Austin's so-called "sick leave" entitlement.

In his opinion, Chief Justice Hecht wrote:
 The Texas Constitution states that city ordinances cannot conflict with state law.  The Texas Solid Waste Disposal Act (“the Act”) provides that “[a] local government . . . may not adopt an ordinance . . . to . . . 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”.
The opinion proceeds to give a detailed accounting of the legal issues involved before concluding that the Laredo ordinance clearly violates the Solid Waste Disposal Act.

As it relates to the Austin lawsuit, today's ruling strongly suggest that the court has the appetite to strike local ordinances that conflict with state law.  The Austin ordinance is an obvious violation of the Texas Minimum Wage act.  This should be a no-brainer ruling.

Also notable that today's ruling was unanimous.

Bottom Line: Positive development on multiple fronts....

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