Making good on its threat to sue Carpinteria for its single-use bag ban if the city didn’t remove specific language from its new ordinance, the San Francisco-based and industry-backed Save the Plastic Bag Coalition filed litigation against the South Coast city on 3/20. The suit alleges that the part of Carpinteria’s bag ban that restricts restaurants from distributing disposable totes violates state health law that preempts local regulation. The Coalition, which successfully sued Santa Cruz County on the same basis and recently filed against San Francisco, says restaurants need plastic bags to let customers safely transport hot take-out items.
Industry Group Sues Carp Over Bag Ban
Wednesday, March 28, 2012


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According to the site below, the litigation against Santa Cruz County is being settled and the lawsuit will be dismissed:
http://plasticbaglaws.org/california-...
"Santa Cruz County agreed to remove restaurants from its single-use bag ordinance in exchange for SPBC’s dismissal of the entire lawsuit, which also included CEQA and constitutional claims. The County’s ordinance as to retailers remains in effect."
It will be interesting to see if Carpinteria decides to fight and go for the whole 9 yards, or perhaps strike the restaurant provision, as Santa Cruz County apparently has done.
EastBeach (anonymous profile)
March 29, 2012 at 11:01 a.m. (Suggest removal)
Let 'er rip!
Big tobacco cried the smoking ban inside all restaurants & bars was unconstitutional due to inhibiting a person's freedom of speech (expression). We all know how far that wasted money got them.
Game on!
Barron (anonymous profile)
March 30, 2012 at 8:29 a.m. (Suggest removal)