Plastic bag ban deemed violation of state law

Photo via: Divotomezove, CC BY-SA 4.0 <https://creativecommons.org/licenses/by-sa/4.0>, via Wikimedia Commons

Nine months after the City of Athens prohibited the use of plastic bags by local businesses, a local judge found the ban in violation of state law. 

Athens County Common Pleas Court Judge George McCarthy ruled on Aug. 28 that the ban violates R.C. 3736.02, a statewide law that establishes a solid waste management plan. In the judgment entry, McCarthy suggested that plastic bags are considered to be a solid waste item, meaning their use is protected under this law. 

A circumstance in which a state law overrides a conflicting local ordinance is when the ordinance is enforced through the use of police power, as outlined in Section 3 of Article XVIII of the Ohio Constitution. Since the plastic ban was enforced through the use of fines, McCarthy reasoned it falls under this circumstance and, consequently, state law should take precedence. 

The City of Athens has until Sept. 28 to appeal this ruling but, for now, the plastic bag ban is no longer in effect.

This article will be updated as more necessary information comes in.