An Athens City ordinance, which took effect on Jan. 1, prohibits local businesses within Athens City limits from providing single-use plastic bags. Businesses that violate the rule face a $150 fine.
According to a previous Post report, the legislation, championed by Athens ReThink Plastics, a local organization, was developed in collaboration with Councilmember Alan Swank, D-4th Ward, following his election in 2021.
The Ohio Attorney General’s Office filed a lawsuit against the city on Dec. 27, 2023, arguing that the ban was unconstitutional under the Ohio Revised Code and demanding enforcement be stopped.
In its initial complaint, the State highlighted that in 2021, the General Assembly established stores and vendors have the authority to decide whether or not to use single-use plastic bags for their business operations.
The State argued Athens overstepped its limited Home Rule authority and directly violated R.C. 3736.021. The State deemed the city's ordinance unconstitutional and unlawful.
However, the city’s ban took effect Jan. 1, established by an Athens City Council ordinance passed in May 2023.
Athens argued in its answer to the state’s complaint that the lawsuit infringed on the city’s right to home rule. The city also noted that it is in no different position than other jurisdictions that have passed single-use plastic legislation, such as Cuyahoga County and the City of Cincinnati, that Plaintiff has not sued.
According to an email from Athens City Law Director Lisa Eliason, should the city win the case, it could set a precedent encouraging other jurisdictions to adopt similar regulations.
Theodora Lee Gregg, an adult educator with Athens ReThink Plastics, shared insights into the community’s response to the ban.
While some residents have expressed frustration over the loss of plastic bags, most have given positive feedback. The city estimated that 85% and 90% of local stores and vendors adhere to the new rule.
However, according to the state’s complaint, the General Manager of The College Book Store stated that the store uses approximately 50,000 single-use plastic bags a year, and changing to paper bags will cost the store an additional $8,500.
Local organizations have stepped up to assist residents and businesses in adapting to the changes. Athens ReThink Plastics has been upcycling feed bags into shopping bags since 2019 and has distributed approximately 2000 bags. Last year, with a grant from the Sierra Club, Athens ReThink Plastics purchased nearly 1,000 cloth bags, preferring them over reusable plastic alternatives.
These cloth bags have been distributed at various events, including those at dollar stores, libraries, and community meals.
Gregg reported seeing residents using the cloth bags at local stores like Kroger. However, she says has yet to observe significant changes in plastic use in Athens.
She noted similar bans in San Jose, California, led to fewer clogged storm drains, hinting at potential environmental benefits.
Based on a study conducted in 2016 by the Santa Clara Valley Urban Runoff Pollution Prevention Program, 69% fewer single-use plastic carry-out bags were found in storm drain inlets.
Despite this, Gregg expressed concern that some shoppers, such as at Walmart, are not bringing their own reusable bags, as the store does not charge for paper bags. She emphasized the importance of not only reducing plastic use but the need to focus on bringing reusable bags rather than relying on paper bags, which still have environmental impacts due to deforestation.
According to Columbia Climate School, over 10 billion paper bags are consumed in the U.S. each year, requiring the felling of 14 million trees.
Paper is also responsible for 70% more air pollution and 50 times more water pollution than plastic bag production, according to a Washington Post analysis.
Gregg noted that reducing plastic use is not only better for the environment but also for people’s individual health.
According to the International Union for Conservation of Nature, several chemicals used in producing plastic materials are known to be carcinogenic and cause developmental, reproductive, neurological, and immune disorders in humans and wildlife.
“The big push is for people to reduce their use and their purchase of single-use plastics,” Gregg said. “This is a major way of reducing plastic pollution.”
Athens Common Pleas Judge George P. McCarthy will decide who wins the lawsuit based on the existing documents.
