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The city of Athens appeals a judge’s decision striking down its plastic bag ban

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ATHENS, Ohio (WOUB) — As expected, the city of Athens has appealed a judge’s ruling that its ban on plastic bags violates state law and cannot be enforced.

Plastic single-use shopping bags at the checkout area in a Walmart store.
Plastic single-use shopping bags at the checkout area in a Walmart store. [JHVEPhoto | shutterstock.com]
The city filed its notice of appeal Monday, which is just a brief statement putting the court and the state on notice. Detailed arguments will be filed later.

The city’s ban on plastic bags took effect at the start of the year. The state challenged the ban in court, arguing it directly conflicts with a state law that allows businesses to use plastic bags.

The city argued it had the right to pass the ban under its home rule authority, which gives Ohio cities broad powers to enact their own laws.

In his decision striking down the ban, Athens County Judge George McCarthy noted that home rule does not allow cities to pass laws that conflict with state laws. He agreed with the state that the bag ban did just this.

The judge’s decision was in response to a summary judgment motion filed by the state. These motions argue that one party is so likely to prevail – in this case, the state – there’s no need to let the case continue on to a trial.

During the time the ban was in effect, stores in Athens switched to using paper bags. Soon after the judge’s ruling, many businesses quickly reintroduced plastic bags, including Walmart, Kroger and Lowe’s, three of the city’s largest retailers.