Dallas, Texas.  Faced with a lawsuit claiming that the city did not have authority to tax plastic grocery bags, a lawsuit the city was certain to lose, the Dallas City Council voted 10-4 to repeal the ordinance that placed 5-cent fee on plastic grocery bags. In a companion motion, to ban plastic grocery bags entirely, the City Council voted 9-6 to reject the ban. On Monday, 8 June grocery stores will again be able to issue plastic grocery bags to shoppers for free. (Findell, 2015)

Unlike California, where grocers get to keep 100% of the plastic and paper bag fees; grocers in Dallas only get to keep 10% with 90% of the fee going to the city. The 5-cent plastic bag fee was originally approved by Dallas City Council in March 2014 and went into effect in January, 2015. (Gillett, 2015)

The Dallas plastic grocery bag fee became a hot issue when a group of bag manufacturers and recyclers filed suit against the city. The lawsuit alleged that the 5-cent-per-bag tax passed by the City Council in March 2014 violates the Texas Solid Waste Disposal Act. At the time the Dallas Bag Fee was passed, then-State Attorney General Greg Abbott (now Governor Abbott) was looking into whether bag bans or taxes were legal in the state. He concluded that such ordinances were a violation of state law. (Putrich, 2015)

Several of the Dallas City Council members argued that the bag fee was government overreach. Several other council members argued that consumers were beginning to change shopping habits. The presence of the Plastic Bag Monster™ did not persuade council members.

The motion to repeal the 5-cent fee on plastic bags was passed by the City Council, 10-4 with council members Mike Rawlings, Tennell Atkins, Monica Alonzo, Adam Medrano, Vonciel Jones Hill, Rick Callahan, Sheffie Kadane, Jerry Allen, Lee Kleinman, and Jennifer Staubach Gates voting YES to repeal the bag fee. Council members Scott Griggs, Dwaine Caraway, Sandy Greyson, and Philip Kingston voted NO to keep the 5-cent bag fee in place. (Findell, 2015)

The companion motion to ban plastic grocery bags failed to pass the City Council by a vote of 9-6 with council members Scott Griggs, Adam Medrano, Dwaine Caraway, Lee Kleinman, Philip Kingston, and Carolyn Davis voting YES to ban plastic grocery bags and council members Mike Rawlings, Tennell Atkins, Monica Alonzo, Vonciel Jones Hill, Rick Callahan, Sheffie Kadane, Jerry Allen, Sandy Greyson, and Jennifer Staubach Gates to vote NO to keep plastic grocery bags. (Findell, 2015)

Bibliography

Findell, E. (2015, June 3). Update: Dallas City Council votes to repeal 5-cent bag fee; bags free starting Monday. Retrieved from The Dallas Morning News: http://cityhallblog.dallasnews.com/2015/06/dallas-city-council-debates-5-cent-bag-fee.html/

Gillett, B. (2015, June 3). Dallas City Council Repeals 5-Cent Plastic Bag Fee. Retrieved from CBSDFW.com: http://dfw.cbslocal.com/2015/06/03/dallas-city-council-repeals-5-cent-plastic-bag-fee/

Putrich, G. S. (2015, June 3). Dallas does away with its bag fee, rejects plastic bag ban. Retrieved from Plastic News: http://www.plasticsnews.com/article/20150603/NEWS/150609954/dallas-does-away-with-its-bag-fee-rejects-plastic-bag-ban