Plastic Bag Ordinance, City of Athens
Name
State of Ohio v. City of Athens
Date Filed
December 27, 2023
Court
Athens County Court of Common Pleas
Parties Involved
State of Ohio, City of Athens
Key Legal Questions
Whether the Athens City Ordinance is a general law. Whether the Ohio Statute takes precedence over the Athens City Ordinance.
Status:
Ongoing
In May of 2023, Athens City Council passed an Ordinance which states, “No store or vendor shall provide or sell a single-use, plastic carryout bag to a customer at the checkout stand, cash register, or point of sale or other location for the purposes of transporting food or merchandise from the store after January 1, 2024.” The City sought to reduce the use of single use plastic bags, in response to concerns of the potential harm of microplastics on human health and our environment. The State of Ohio filed a Complaint claiming that the City’s ordinance was in conflict with Ohio law, which permits the use of auxiliary containers.
Under Ohio law, municipalities have the authority to exercise local self-government as long as it does not come in conflict with general laws. State statutes take precedence over local ordinances if it is an exercise of police power, is a general law, and if it is in direct conflict with the statute. The State of Ohio argues that the City’s ordinance must yield to the Statute. The Ohio Environmental Council, alongside the Sierra Club and the California based foundation, Surfrider, filed an amicus brief in support of the City of Athens. In its brief, the OEC argued that the Athens City Ordinance was a proper exercise of local self governance that does not conflict with Ohio law. With more and more studies unveiling the risks of the use of microplastics, it will be interesting to see how the Athens County Court of Common Pleas rules on this issue.
