Rep. Rinaldi and 19 Colleagues File Brief in Bag Ban Lawsuit
June 22, 2016

AUSTIN, TEXAS – On Tuesday, Rep. Rinaldi, joined by 19 House and Senate Republicans, filed an amicus curiae brief in a lawsuit challenging Laredo’s bag ban ordinanceIn the brief, Rep. Rinaldi supports the argument that the City of Laredo’s plastic bag ban ordinance is void because it contradicts § 361.0961 of the Texas Health and Safety Code.

The Laredo Merchants Association brought suit against the City of Laredo in March of 2015, challenging Laredo’s city ordinance that prohibits retailers from providing or selling plastic bags to customers.  The 341st Judicial District Court ruled that the ordinance does not violate state statute.  Oral arguments will be made in the Texas Fourth District Court of Appeals on June 28th.  The Court will then determine if the lower court’s decision will be overturned or upheld.

“Cities need to understand that the Legislature can and will step in when authority delegated to them by the sovereign state of Texas has been abused to restrict liberty and constrain the free flow of commerce,” Rinaldi said. “In this instance, the Legislature anticipated these types of power grabs by local municipalities and passed a peremptory state statute that trumps Laredo’s bag ban ordinance.”

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