Judge strikes New Braunfels “can ban”

File - In this Aug. 22, 2011 file photo, a tuber pull a cooler along as they float the Comal River, in New Braunfels, Texas. A judge has struck down an ordinance the Hill Country town of New Braunfels adopted that banned disposable food and beverage containers. (AP Photo/Eric Gay, File)
File - In this Aug. 22, 2011 file photo, a tuber pull a cooler along as they float the Comal River, in New Braunfels, Texas. A judge has struck down an ordinance the Hill Country town of New Braunfels adopted that banned disposable food and beverage containers. (AP Photo/Eric Gay, File)

NEW BRAUNFELS, Texas (AP/KXAN) — A judge has struck down an ordinance the Hill Country city of New Braunfels adopted that banned disposable food and beverage containers.

State District Court Judge Don Burgess sided Monday with a beer distributor and others in ruling that New Braunfels doesn’t have the jurisdiction to regulate disposable items.

The law adopted by the city council in 2012 — known as the “can ban” — applies to the Comal and Guadalupe rivers. The rivers have been popular for years with summer crowds who go tubing down the waterways.

A lawsuit against the ordinance has been pending since last year when river outfitters sued the city.

A lawyer for the plaintiffs told KXAN that his next move will be asking for a permanent injunction and attorney fees.

blog comments powered by Disqus