Category Archives: Freedom and Liberty

10 Reasons Small Businesses Should Oppose Bag Bans

September 9, 2016Disposable Shopping Bags, Freedom and Liberty, Litter Issues, Local Ordinances, Paper Carryout Bags, Plastic Bag Litter, Plastic Carryout Bag Ban, Plastic Carryout Bags, Reusable Shopping Bags, Statewide Bag BanBag Ban Failures, change behavior, plastic reusable bags, Shopping Behavior, small businessAnthony van Leeuwen

Valley View Yosemite August 2013 by King of Hearts (Own work) CC BY-SA 3.0 via Wikimedia Commons

This website posts many articles available for download (click on Documents menu) including the following article entitled “10 Reasons Small Businesses Should Oppose Bag Bans”. This article discusses some reasons why businesses, particularly small businesses, should oppose bans on plastic carryout bags.

Plastic bag bans attempt to change people’s behavior and lifestyle by using an economic incentive to coerce (force) people into bringing and using their own reusable bags. If bringing and using your own reusable bags was such a good idea, the public would have readily adopted the solution. But pre-bag ban surveys show that only about 10% of shoppers voluntarily brought and used their own reusable bags with the majority choosing to use store provided paper and plastic carryout bags. Even after a bag ban, about two-thirds of shoppers’ reject bringing and using their own reusable bags and either chose to use no bags or chose to purchase store provided paper and reusable plastic bags. Even though the store-provided paper and reusable plastic bags purchased by customers have the word “Reusable” printed on them in large type, shoppers treat these bags as disposable bags!

In view of the above, when you consider that people act in their own self-interest and adopt solutions that work best for them, then you must conclude that plastic bag bans are a colossal failure and the wrong solution to a perceived litter problem with lightweight plastic carryout bags! The right solution would be to just use paper bags or make the plastic bags from a thicker plastic film to prevent them from so easily becoming windblown litter. In fact, in areas where the thicker reusable plastic bag has been used, there is a corresponding decrease in windblown plastic bag litter. A result that could have been achieved without trying to change shopper behavior through coercive and tyrannical means.

To view the article, click the following link: 10-reasons-why-small-businesses-should-oppose-bag-bans

To view other articles on this website, click on the Documents menu at the top of the page.

Plastic Bag Bans – Designed to Generate and Protect Bag Revenue from Competition!

May 8, 2016Carryout Bag Fees, Citizens Fighting Back, Economic Costs, Environmental Impacts, Freedom and Liberty, Local Ordinances, Paper Carryout Bags, Plastic Bag Litter, Plastic Carryout Bags, Referendum, Reusable Shopping Bags, Statewide Bag Banantitrust laws, APBA, Competitive Disadvantage, Eliminate Competition, grocers and grocery associations, level playing field, patchwork quilt of bag bans, price fixing, Protect Bag Revenue, secret backroom dealsAnthony van Leeuwen

Short Canyon in Owens Peak Wilderness – By Bureau of Land Management – via Wikimedia Commons

Most people believe that laws banning plastic grocery bags are all about protecting the environment from plastic bag litter that damages the environment and harms wildlife. However, the real reason for a plastic bag ban has nothing to do with the environment and everything to do with generating profitable bag fees and protecting those bag fees from being eliminated or eroded away by competition.

This paper makes the case that grocers, reusable bag manufacturers, and environmental organizations have teamed up to pressure state and local officials in passing bag ban laws in their own self-interest at the expense of consumers while doing very little for the environment. Continue reading Plastic Bag Bans – Designed to Generate and Protect Bag Revenue from Competition! →

Milpitas bag ban mistake – No legal ground to impose 10-cent bag fee!

January 29, 2016Bag Ban Myths and Misinformation, Bag Ban Repeal, Carryout Bag Fees, Freedom and Liberty, Local Ordinances, Plastic Carryout Bag Ban, Plastic Carryout Bags, Referendum, Repealing Bag Bans, Statewide Bag Banamend ordinance 287, bag fees, bag sales tracking, legal ground for bag fees, Milpitus, Mistake in Ordinance, On or before, Ordinance 287, potential lawsuit, repeal ordinance 287Anthony van Leeuwen

How ironic that the sculpture in front of City Hall is of the Milpitas Minuteman, supposedly representing freedom of the people from a tyrannical government. Photo By David Alan Clark (Own work) [CC BY-SA 4.0 (http://creativecommons.org/licenses/by-sa/4.0)], via Wikimedia Commons — How ironic that the sculpture in front of City Hall is of the Milpitas Minuteman, supposedly representing freedom of the people from a tyrannical government. Photo By David Alan Clark (Own work) [CC BY-SA 4.0 (http://creativecommons.org/licenses/by-sa/4.0)%5D, via Wikimedia Commons

Last September, the Milpitas City Council reversed a previous council decision and quietly passed a bag ban that affected every business and citizen of Milpitas beginning on January 1, 2016.

However, in their hurry to pass a plastic bag ban, they made a critical error in the language of the ordinance that imposes a “minimum fee” for paper or reusable bags distributed to customers at the point of sale. Section II-5-4.00-part B of Ordinance 287 clearly identifies a limited time frame for any minimum fee as follows:

“B. On or before January 1, 2016, a retail establishment may only make recycled paper bags or reusable bags available to customers if the retailer charges a minimum of ten cents.” [Milpitas Ordinance 287]

Thus, according to the legally passed ordinance, on or after January 2, 2016 there is no such minimum fee requirement for paper and reusable bags distributed by Milpitas retailers at the point of sale.

However, this error has additional benefits to businesses. Part C of that same section indicates that only bags that are available for sale are required to be separately itemized on the sale receipt. This would, therefore, not apply to bags that are provided for free on or after January 2, 2016. And Section III-5-5.00 requires every retail establishment to track the daily number of bags sold for a minimum of 3 years. Again, this would not apply to bags that are provided for free on or after January 2, 2016. Continue reading Milpitas bag ban mistake – No legal ground to impose 10-cent bag fee! →

The Great Pacific Garbage Patch Myth Debunked

December 30, 2015Bag Ban Myths and Misinformation, Citizens Fighting Back, Environmental Impacts, Freedom and Liberty, Litter Issuesmyths, Myths debunked, Pacific Garbage PatchAnthony van Leeuwen

By NOAA [Public domain or Public domain], via Wikimedia Commons — Pacific Garbage Patch by NOAA [Public domain via Wikimedia Commons]

We have all heard the expression “I’m from Missouri”. This response is usually uttered by a person who is skeptical about what they have heard or read. In fact, a smart person, is a person who is skeptical and who has learned how to discern truth from falsehood and who will not let emotional arguments sway them but searches out the truth and the underlying facts.

Despite the fact that the Great Pacific Garbage Patch has been shown to be a myth, this myth is still repeated in public testimony before city councils in support of plastic bag bans.

It is refreshing to see several well written articles that debunk this myth about floating islands of plastic debris in the ocean, and how this particular myth got started. You will enjoy reading these well documented articles:

Are we really “choking the ocean with plastic”? Tracing the creation of an eco-myth

And here’s the earlier article the author refers to:

An Ocean of Plastic

Santa Barbara County Passes Bag Ban

December 4, 2015Environmental Impacts, Freedom and Liberty, LandFill Impacts, Litter Issues, Local Ordinances, Paper Carryout Bags, Plastic Bag Litter, Plastic Carryout Bag Ban, Plastic Carryout Bag Disposal, Referendum, Repealing Bag Bans, Reusable Shopping Bags, Statewide Bag Banplastic bag ban, Santa Barbara CouintyAnthony van Leeuwen

Santa Barbara-County Courthouse by Eugene Zelenko (own work) , from Wikimedia Commons

On Tuesday, August 25 the Santa Barbara County Board of Supervisors passed an Ordinance on a 3-2 vote to ban Single-Use Plastic Bags at Markets and pharmacies in the unincorporated areas of Santa Barbara County.

Supervisors Salud Carbajal, Janet Wolf, and Doreen Farr voted for the bag ban and Supervisors Peter Adam and Steve Lavagnino voted against the bag ban.

Opponents of the California statewide plastic bag ban successfully challenged the state law by collecting enough signatures from registered voters to put the measure on the 2016 ballot through the referendum process, a safeguard provided in California’s Constitution. The statewide referendum will finally give ordinary citizens the opportunity to vote on this unpopular measure.

Supervisors Lavagnino and Adam stated that they were not comfortable with the idea of getting out in front of the statewide referendum. (McNulty, 2015) Continue reading Santa Barbara County Passes Bag Ban →

Austin’s Plastic Bag Ban a Colossal Failure!

October 12, 2015Bag Ban Repeal, Carryout Bag Fees, Economic Costs, Environmental Impacts, Freedom and Liberty, LandFill Impacts, Litter Issues, Local Ordinances, Paper Carryout Bags, Plastic Bag Litter, Plastic Carryout Bag Ban, Plastic Carryout Bag Disposal, Plastic Carryout Bags, Public Safety Impacts, Reusable Shopping BagsBag Ban Failure, City of Austin, Costly, inconvenience, inefficient, Single-Use Bag Ordinance, TexasAnthony van Leeuwen

Austin City Hall Front — Austin City Hall – By M. Fitzsimmons via Creative Commons (CC) – Wikimedia Commons

In June 2015, the Austin Resource Recovery Service released a candid report entitled “Environmental Effects of the Single Use Bag Ordinance in Austin, Texas” questioning the effectiveness of the city’s own bag ban. The report noted that the ordinance reduced litter from “single-use” or “lightweight” plastic carryout bags, but that the unintended consequence was an increase in the use of 4-mil reusable plastic shopping bags (disposed of after just a single-use), and the increased cost to consumers and retailers. (Waters, 2015, p. 28)

The primary goal of the Austin Single-Use Bag Ordinance was to reduce the volume of plastic carryout bags dumped in the landfill. The city’s own self-assessment reported that the weight of 4-mil plastic reusable bags disposed of by shoppers after just a single use was just as much as the lightweight plastic bags disposed of in the landfill before the ban. (Cape, 2015) In other words, the bag ban backfired and resulted in a much higher environmental cost. (Waters, 2015, p. 25)

To view or read the entire article click on the following link: Austin’s Plastic Bag Ban a Colossal Failure

Why California City Councils Must Not Pass Bag Bans with a Statewide Vote Pending

July 6, 2015Bag Ban Repeal, Freedom and Liberty, Local Ordinances, Plastic Carryout Bag Ban, Referendum, Repealing Bag Bans, Statewide Bag BanCalifornia State Legislature, City Council, Local ordinance, Paper bag feeAnthony van Leeuwen

Redwood_National_Park,_fog_in_the_forest — California Redwood National Park – By Michael Schweppe

The implementation of plastic bag bans (and paper bag fees) in California has been promoted and pushed by well-organized and well-funded special interest groups working through local politicians, ultimately enacting over 100 local ordinances and subjecting about 33% of the state’s population to bag bans. (White, 2014)

Eventually, after years of failed attempts to pass a statewide bag ban, these organizations were able to leverage local bag bans along with some arm twisting until the California legislature succumbed and passed a statewide bag ban. (Williams & van Leeuwen, 2015) However, when the statewide bag ban was signed into law by Governor Brown, the American Progressive Bag Alliance (APBA) successfully challenged the law through a referendum by collecting 809,810 signatures of registered California voters (with 598,684 valid signatures and 93,924 over and above the quantity needed). This means the statewide law will be on hold until it can be approved or rejected by the people of California in the November, 2016 statewide election. (Fight The Plastic Bag Ban, 2015) Continue reading Why California City Councils Must Not Pass Bag Bans with a Statewide Vote Pending →

Are Plastic Grocery Bags Falsely Labeled as “Single-Use” Bags?

June 17, 2015Disposable Shopping Bags, Freedom and Liberty, Litter Issues, Local Ordinances, Paper Carryout Bags, Plastic Bag Litter, Plastic Carryout Bag Ban, Plastic Carryout Bags, Recycling Impacts, Referendum, Reusable Shopping Bags, Statewide Bag BanCity Council, Grocery store, litter, Local ordinance, misinformation, Plastic bag, plastic carryout bags, Plastic shopping bag, Reusable shopping bag, Shopping bag, Single-Use BagsAnthony van Leeuwen

Hemdchentuete — By Phrontis [CC BY-SA 3.0], via Wikimedia Commons

Bag Banners have long demonized disposable plastic grocery bags by labeling them as “single-use” plastic carryout bags that, they claim, are only used only a few minutes to carry your groceries home. These claims disputed by citizens who understand that plastic grocery bags are not single-use bags but are reused by consumers for a variety of other purposes. While Bag Banners and public officials only half-heartedly acknowledged such reuse, they steadfastly refused to consider the environmental benefits that such reuse creates. The question “Are Plastic Grocery Bags Falsely Labeled as ‘Single-Use’ Bags?” is an important question that will be examined from several perspectives in this paper. In addition, paper grocery bags and also the newly mandated thicker plastic grocery bags will be examined including the terminology used to describe these bags. We intend to expose the blatant falsehood behind labeling a shopping bag as either single-use or reusable.

Plastic T-Shirt Bags (aka Plastic Grocery Bags)

Plastic grocery bags with handles are actually named “Plastic T-shirt Bags” and come in a variety of sizes, colors, and custom printed logos. They are a time saving convenience for both the retailer and the customer and which offers the retailer a marketing opportunity to advertise their business. For customers, they are not only convenient, clean, and safe, but they also serve a multitude of other uses after transporting their purchases home. So how did these safe, clean, convenient and reused plastic “T-shirt bags” get relabeled as “Single-Use Plastic Carryout Bags” in city, county, and state laws?

To read more click on the following link: Are Plastic Grocery Bags Falsely Labeled as Single-Use Bags

Huntington Beach Plastic Bag Ban Repeal Passes Final Hurdle

May 8, 2015Bag Ban Repeal, Citizens Fighting Back, Environmental Impacts, Freedom and Liberty, LandFill Impacts, Litter Issues, Local OrdinancesCity Council, Huntington Beach, litter, Local ordinance, misinformation, plastic bag ban, plastic bag litterAnthony van Leeuwen

On Monday, 4 May, 2015 the Huntington Beach City Council voted 6 to 1 to finalize the repeal of the two year old ban on plastic bags and the mandatory 10-cent fee on paper bags. The repeal is effective on 3 June, 2015 when stores can again issue plastic carryout bags. (Carpio, 2015)

Council-members Mike Posey, Erik Peterson, Billy O’Connell, Barbara Delgleize, Dave Sullivan, and Jim Katapodis voted to finalize repeal the ordinance and Mayor Jill Hardy voted to keep the ban in place. (van Leeuwen, 2015)

According to Council-member Mike Posey, the plastic bag ban was never an environmental issue, but an issue of personal freedom. (Sharon, 2015)

After the Council Meeting, Mike Posey told conservative website Breitbart, “It’s a freedom issue. . . . Litter from plastic bags is caused by misuse and not use, and I object to punishing everyone because some people choose to litter.” (Broder, 2015) Continue reading Huntington Beach Plastic Bag Ban Repeal Passes Final Hurdle →

Huntington Beach takes step towards repeal of plastic bag ban

April 22, 2015Bag Ban Repeal, Carryout Bag Fees, Citizens Fighting Back, Freedom and LibertyHuntington Beach, plastic bag ban repealAnthony van Leeuwen

Huntington Beach Central Park - Wikimedia Commons photo taken by DHN on July 11, 2005. — Huntington Beach Central Park – Wikimedia Commons photo taken by DHN on July 11, 2005.

On April 21, 2015 the Huntington Beach City Council voted 6 to 1 to repeal the city’s two year old plastic bag ban and put an end to the government mandate that a private business charge their customers a fee of 10-cents for each paper bag. The Huntington Beach City Council must now schedule a second reading in 30 days before the repeal can be officially adopted. (Sharon, 2015)

Last January, the Huntington Beach City Council voted 6 to 1 to start the process of repealing the city’s plastic bag ban. Council-members Mike Posey, Erik Peterson, Billy O’Connell, Barbara Delgleize, Dave Sullivan, and Jim Katapodis voted to repeal the ordinance and Mayor Jill Hardy voted to keep the ban. See Huntington Beach votes to repeal plastic bag ban.

This is a clear victory for freedom and liberty and the ability of consumers to make their own choice as to what kind of bag they take their groceries home in.

Bibliography

Sharon, K. (2015, April 20). Are plastic bags back in Huntington Beach? Retrieved from http://www.ocregister.com/articles/bags-658794-plastic-ban.html

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Plastic T-Shirt Bags (aka Plastic Grocery Bags)

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Bibliography

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