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Carpinteria Settles Bag Ban Lawsuit

Must Pay Coalition to Save the Plastic Bag $11,500 in Attorney’s Fees


Tuesday, June 26, 2012
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Carpinteria’s City Council voted to soften its citywide bag ban, one of the most far reaching in the state, as part of a settlement agreement worked out with the Coalition to Save the Plastic Bag.

As a result of the settlement, the council agreed to exempt restaurant take-out bags from the ordinance as well as pay the Coalition $11,500 in attorney’s fees. Coalition attorney Stephen Joseph sued Carpinteria over initially including take-out bags in its ordinance, arguing local governments are precluded by regulating such bags by California health and safety codes.

While Carpinteria’s attorneys argued otherwise, Judge Thomas Anderle — in a preliminary ruling — clearly was more persuaded by Joseph’s arguments. To date, no court has ruled definitively on the subject, though the City of San Francisco — also being sued by Joseph — has a case still pending.

The Carpinteria Council will amend its ordinance to reflect this change. In addition, it will exempt all stores smaller than 3,000 square feet — or $5 million in annual sales — from the total bag ban. They will be allowed to use paper bags. Likewise, hybrid shops — that sell both take-out food and groceries — will be allowed to use plastic bags only for take-out and paper bags for everything else.

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Who belongs to this Save the Plastic Bag coalition? They must really care about their community in Carp to force the city gov to pay that. Again, who are these people?

Ken_Volok (anonymous profile)
June 26, 2012 at 3:26 p.m. (Suggest removal)

Agreed- who are these clowns? The Koch brothers? A secret PAC of Venoco to promote the continued use of pertroleum based products in Carpinteria to boost demand for their drilling?

moonshot (anonymous profile)
June 26, 2012 at 3:58 p.m. (Suggest removal)

Well I spoke too soon. The attorney for the CSPB is one Stephen Joseph who claims to be a completely 'independent' organization who sues various municipalities that have tried to throttle back on plastic bags.

If you view his website there are links to the various lawsuits he has filed. Now one wonders what his standing is as a plaintiff in these filings. Turns out his backers are a couple of plastic bag manufacturers. Which in hindsight, is obvious.

moonshot (anonymous profile)
June 26, 2012 at 4:33 p.m. (Suggest removal)

If I was a business owner in Carp, I'd boycott those bags now just to spite them.

Ken_Volok (anonymous profile)
June 26, 2012 at 4:53 p.m. (Suggest removal)

KenV: "If I was a business owner in Carp, I'd boycott those bags now just to spite them."

Agreed, but there's only 1 minor glitch in that: Most businesses DO want the plastic bags.
Their reasons are varied, but in the end it all comes down to lower cost of operating & ease of operation.
Personally, I use the plastic bags as trash bags or for storing food or even as a laudry bag when I go out of town to stow dirty clothes in.
But I also use them responsibly, don't let them out of my control to blow around & in many cases re-use them for certain things.
Comes down to personal choices. Plastic bags don't intimidate me. What ticks me off is the morons that are too damned LAZY to go after 1 of those bags should it happen to blow away. There's the brunt of the problem :) henry

hank (anonymous profile)
June 26, 2012 at 5:57 p.m. (Suggest removal)

Yeah it's the morons who ruin if for everyone time and again. I re-use them too.

Ken_Volok (anonymous profile)
June 26, 2012 at 6:34 p.m. (Suggest removal)

Hey Yank,

Should your pious use of plastic bags form a basis for setting public policy?

Worse, you think the "brunt of the problem" is bags that blow away? Really? I'm blown away by the idiocy of that assertion.

SezMe (anonymous profile)
June 27, 2012 at 1:03 a.m. (Suggest removal)

How about using this as an opportunity to educate instead of berate?

Ken_Volok (anonymous profile)
June 27, 2012 at 8:33 a.m. (Suggest removal)

(This comment was removed by the site staff for violation of use policy.)

hank (anonymous profile)
June 27, 2012 at 11:05 a.m.

Reusing bags or keeping them from blowing away isn't even a drop in the bucket towards solving the problem. The problem is the massive numbers that end up in landfills and otherwise in the environment, where they stay for a long time.

Even if you reuse them, they still go into the landfill eventually. The solution is finding something less long lasting and potentially harmful and making it cheap, plentiful, and easy.

cycleboy (anonymous profile)
June 27, 2012 at 11:58 a.m. (Suggest removal)

Another problem in our area is that these bags end up in the ocean, where they resemble jellyfish and are accidentally consumed by, and kill, animals like sea turtles.

banjo (anonymous profile)
June 27, 2012 at 12:29 p.m. (Suggest removal)

Alright, lets try this again, since SezMe is probably a favorite of the mods on here.
Hey, not-so-smart entity, why don't you actually READ the post before making asinine assertions:

"What ticks me off is the morons that are too damned LAZY to go after 1 of those bags should it happen to blow away. There's the brunt of the problem."

The "brunt of the problem" is LAZY people & there's NOWHERE in there where I imply that my supposed pious policy should be the setting for anything public.
But of course, SezMe , being the nanny state proponent is all about the state making the calls for all, even if they're capable of calling their own shots for the better.
Just nother example of the "do as we say, not as we do" so-called "progressive" (not Progressives) that exemplify hate & prejudice.
So hey SezIe, next time put down the prejudice toward me & actually READ THE POST will you?

Cycleboy, I hear you, but the landfill issue has been WAY overused.
You might as well get rid of ALL plastic products if that's the case because they too litter/fill up landfills, as do wooden products, as do metallic products, as do ANY solid products that either don't biodegrade or are very slow to biodegrade.
The best process for these bags is that of solvent dissolution & conversion to re-useable materials.
After all, they do come from an organic synthesis, why can't they go out the same way then come back as something else? Oh, yeah, I know why: It costs $$$ :) henry

hank (anonymous profile)
June 27, 2012 at 1:54 p.m. (Suggest removal)

"Alright, lets try this again, since SezMerde is probably a favorite of the mods on here."
-- Yank

You're too tight. Grease the 'ol palms better and you'll be a favorite. Like me.

SezMe (anonymous profile)
June 27, 2012 at 9:52 p.m. (Suggest removal)

It's even better than that, SezMe; "Hank" is so reviled by the staff of the Independent, that they forced him to write stories for the website:

http://www.independent.com/staff/henr...

It must be wonderful to have a such a 'creative' and flexible interpretation of reality as our dear Mr. Sarria: to never be wrong (so no need to apologize or admit error), quick to type out the definitive answers to anything under the sun, and he plays so well with others!

Chester_Arthur_Burnett (anonymous profile)
June 27, 2012 at 10:13 p.m. (Suggest removal)

SezMerde: "You're too tight. Grease the 'ol palms better and you'll be a favorite. Like me."

You're greasin' something, but it ain't palms.

Aw Chestie, still bitter that the Miami Dolphins are the ONLY NFL team w/ an underfeated season? That I'm right (again) & you're just, well, Chestie? Aw, poor baby!
Sorry you're so bitter Chestie. Lighten up, it'll do you well. Actually, not sorry, quite pleased by knowing what NOT to be like: YOU.
By the way, there's actually quite a few articles written by me for the Indy as well as the UCSB Daily Nexus, BMX Today, Thrasher Magazine, Juice Magazine, The BMXer, International Society of Hybrid Microelectronics & a host of other publications as well as interviews by Maximum Rock & Roll & featured in some documentaries.
There, that was an answer under the sun for you, now go do some yoga, drink some wine, wear your floppy hemp hat or something, it'll do you good :) henry

hank (anonymous profile)
June 28, 2012 at 12:26 a.m. (Suggest removal)

Now if you're looking for answers in a hurricane, I'm your man.

Ken_Volok (anonymous profile)
June 28, 2012 at 1:11 a.m. (Suggest removal)

Ken, we're gonna have to start calling you "Eye of the Storm" for that last comment. HAHAHA! :) henry

hank (anonymous profile)
June 28, 2012 at 10:06 a.m. (Suggest removal)

Hank and Ken, does this mean we SHOULDN'T invite "SezMe" out to dinner?

billclausen (anonymous profile)
July 6, 2012 at 6:58 p.m. (Suggest removal)

You can sit between them!

Ken_Volok (anonymous profile)
July 6, 2012 at 7:20 p.m. (Suggest removal)

Not me Ken, I'm not getting in the middle of this.

billclausen (anonymous profile)
July 7, 2012 at 3:43 p.m. (Suggest removal)

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