by Timothy Rutt
A plastics manufacturer has filed a lawsuit challenging the county's plastic bag ban, claiming that it's a hidden tax.
The county ordinance bans plastic carryout bags in unincorporated areas, which includes Altadena. Instead, customers can bring their own bags or purchase paper bags from the store at ten cents each. The bag ban went into effect for major retailers on July 1, and will apply to all businesses in July, 2012.
However, according to an article by Joel Fox, editor of the Fox & Hounds legal website, plastics manufacturer Hilex-Poly claims that the charge is a violation of Proposition 26, which requires that fees only cover the cost of service. Hilex-Poly is claiming that the charge is a hidden tax.
According to Steve Merksamer, attorney for Hilex-Poly quoted by Fox, the store is collecting the money at government behest and has to do with it what the government tells it to do — i.e., cover costs of paper bags, fund costs of complying with the ordinance, or pay for educational materials or campaigns for reusable bags. In addition, stores have to report the number of bags sold and monies collected every quarter.
According to Fox, the retailer is acting as a surrogate for the county to promote its recycling program. If the court finds the bag fee to actually be a tax, it requires a two-thirds vote at election to become law.
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