Check-Out Bag Reduction Ordinance Goes Into Effect April 30, Lawsuit Continues
Written by admin, Apr 28, 2015, Comments Off
Courtesy Xochitl Mora,
Injunction denied, both sides to work towards mediation
(Laredo, TX ) The City of Laredo was in court today, defending Ordinance 2014-O-064, otherwise known as the Check-Out Bag Reduction Ordinance, against a lawsuit brought by the Downtown Merchants Association, after the Association nonsuited its original lawsuit based on last week’s misinterpretation of the ordinance by the City’s outside legal counsel. The hearing was in 331st District Court before Judge Beckie Palomo.
Initially, Christopher Peterson, attorney for the Association, demanded enforcement of the understanding that led to the nonsuit, and that the Association be allowed to sell the checkout bags. City Attorney Raul Casso, who was substituted as counsel of record by the Laredo City Council at a special-called meeting yesterday, argued that there was never a deal in place, since Council had given no approval. Their request was therefore withdrawn.
The Plaintiff’s attorney also asked that their lawsuit be reinstated, which was granted with no question. The Merchant’s attorney did not urge their request for sanctions against the City, however, recognizing that no purposeful behavior was involved.
Finally, Peterson asked for the temporary injunctive relief to prevent the ordinance from going into effect on April 30. Casso objected against any relief that would prevent the ordinance from going into effect. Judge Palomo denied the temporary injunctive relief, allowing the ordinance to go into effect on April 30, but ordered that no enforcement of the ordinance be undertaken until the issue is finally resolved. Both parties have been ordered into mediation and are set for trial on the merits on June 10.
It has been a non-written practice of the City of Laredo that when passing new ordinances to allow for a grace period before issuing citations. Warning tickets to help would-be violators educate themselves on the ordinance and to bring them into compliance with the ordinance are sometimes issued.
