Reacting to a groundswell of concern about the effect of plastic bags on the environment, Galveston is on the forefront of a statewide controversy over cities’ ability to ban plastic bags that are killing turtles, birds and fouling beaches.
A proposed ordinance with unanimous City Council support and strong community backing faces fierce opposition from outside forces, including conservative think tanks and plastic bag manufacturers who have already sent threatening letters.
Not all businesses support the ban, but it has the backing of the influential Galveston Hotel and Lodging Association. “As business operators we typically don’t like this type of business regulation,” said Steve Cunningham, association president and manager of the Hotel Galvez. “But being on the Gulf, this one is necessary because of the damage to the wildlife and the environment.”
City Attorney Don Glywasky drafted the Galveston ordinance to avoid the legal pitfalls encountered by cities such as Laredo. The Laredo bag ban was challenged under the 1993 Solid Waste Disposal law that bars local governments from adopting regulations 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.”
Glywasky believes Galveston is unique. “I don’t really see that this is a solid waste management issue,” he said. “If we can cut down on some of the plastic bags that go into the marine environment, that is not something for the purpose of solid waste, it is for the protection of the marine environment on which we depend.”
That argument drew no sympathy from an influential conservative organization, the Texas Public Policy Foundation. James Quintero, director of the foundation’s Center for Local Governance and Think Local Liberty, said Galveston’s proposed ordinance conflicts with state law.
“Our position would be that Galveston’s ordinance, no matter what the stated reason would be, is still prohibiting containers,” said Bryan Mathew, policy analyst for Texas Public Policy Foundation. “In our view, a lot of local governments have been attempting to regulate out of bounds by hiding under the term of local control.”
Mathew called anything that smacks of what Gov. Greg Abbott lamented were attempts to make Texas more like California “out of bounds.”
“Texas is being California-ized and you may not even be noticing it,” Abbott said last year during remarks at a Public Policy Foundation gathering, where he warned of “a patchwork quilt of bans and rules and regulations that is eroding the Texas model.”
That erosion would include anything that hinders “people from being able to sell and buy with minimal government regulation and a low tax burden,” Mathew said.
Mathew saw no contradiction with the traditional conservative support for local control, arguing that local control refers to legislatures, not local governments.
“Utter hogwash,” said Zach Trahan, spokesman for Texas Campaign for the Environment. “They made it up this last year to justify their abandonment of local control.”
Yeah, let’s be clear that the “conservative” principle at work here is “because we said so”. Local control is great up to the point where localities do things that displeases authoritarians like Greg Abbott and the TPPF, thus requiring they be brought to heel. I think Galveston has perfectly good reasons for wanting to regulate plastic bags, but the court ruling against Laredo’s bag ordinance does not bode well for its future.