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NB Council to Appeal Can Ban Ruling

NB Council to Appeal Can Ban Ruling

It's only taxpayer money for the New Braunfels City Council, which has voted to appeal the judge's ruling which throws out that unpopular 'can ban' on the Comal and Guadalupe Rivers, 1200 WOAI news reports.

  A judge two weeks ago ruled that the current can ban, which was passed in late 2012, cannot be enforced.  The judge on Friday ruled that no enforcement whatsoever can take place on the ban, and ordered taxpayers to pay the full $250,000 legal bill for the outfitters and tourist-oriented businesses who challenged the law in court.

  The judge also ruled that the law cannot be enforced even during an appeal.

  City Council says banning non reusable bottles and cans on the rivers will cut down on litter.  But the judge ruled that only the state, not local governments, have the constitutional authority to regulate activity on the state's navigable rivers.

  The same argument was used to get a law passed a decade ago that regulated alcohol consumption on the river thrown out.

  The outfitters said they lost as much as 50% of their business in the summer of 2013, when the law was fully enforced.

 

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