After nine months in effect and a lawsuit from the Ohio Attorney General’s Office, an Athens County judge has ruled the City of Athens' single-use plastic bag ban violates state law.
According to Judge George McCarthy, the city had no authority to pass the legislation, despite its home rule argument, as it directly conflicts with state law allowing retailers to decide whether or not to use the bags.
In his decision delivered Wednesday, McCarthy wrote that single-use plastic bags are solid waste and subject to disposal and recycling. He said it is clear that the state legislature can regulate its use.
While McCarthy recognized the city’s environmental efforts with the ban, he reaffirmed his decision to overturn the ban by saying Ohioans deserve a choice to use single-use plastic bags.
He added that the ruling would also help minimize confusion between state law and local ordinances.
The ban is now on permanent hold. The city has made no appeal.
