Attorney General Ken Paxton Sues City of Brownsville Over Plastic Bag Ban, Calling It "An Illegal Sales Tax"


From the editor:  This past August this blog broke the story posted below, indicating that the Texas 4th Court of Appeals had struck down Laredo's plastic bag ban, a law modeled somewhat after a similar regulation in Brownsville.  Now, Attorney General Ken Paxton has sued the City of Brownsville to reverse its current bag ban law.

While sympathetic to the need to control plastic and other litter, we've previously indicated that the current law is poorly implemented, aids profiteering by grocers and diminishes quality of life for Brownsville residents.  There simply has to be another option than sending shoppers out into the one hundred degree sun of the H.E.B. parking lot with unprotected meat, ice cream, dairy, eggs and produce loose in a metal shopping cart.

Below is a reprint of our August 17, 2016 story:


Pat Ahumada's Oppressive Plastic Bag Ban May Soon Be Over! 4th Court of Appeals Strikes Down Similar Law in Laredo

Plastic Pat Ahumada
Six or seven years ago, the "Fickle Finger of Fate," as they used to call it on Rowan & Martin's Laugh-In, in the form of a plastic bag, slapped Pat Ahumada  on the chest while he was riding his motorcycle.


City Attorney Mark "The Sossi" Sossi
Likely, after the dramatic, life-changing incident, Mayor Pat immediately dropped to his knees to seek celestial guidance from the green gods and goddesses of the universe, whose spirits likely directed him to seek spiritual guidance from City Attorney Mark Sossi in co-drafting an ordinance banning demonic plastic bags from the city.


BISD Trustee Cata Presas-Garcia Speaking Against Ban
Despite the "diversity" of public "commenters," speaking out against the proposed ban of plastic bags in the city, including school board trustees, preachers, political advocates, truck drivers and even shoppers, the city's self-proclaimed "quarterback" at the time, Pat Ahumada, along with his much-maligned "blocking linemen" on the the city commission, passed the ban.

Soon, Brownsville shoppers were walking out of H.E.B., pushing shopping carts of loose grocery items, unprotected meat and ice cream in the 100 degree Fahrenheit heat, with eggs in styrofoam cartons tumbling from the bottom of the cart to smash on the hot asphalt.  Oh, bags were available for a single George Washington, that is, a dollar, greenback or buck.

When asked why poor people should pay a dollar for a sack to take out their groceries, Pat Ahumada replied:  "Poor people litter too!"  Had Pat made  that profound statement in 2016 someone would quickly have founded the organization "Poor People's Lives Matter."

The Texas 4th Court of Appeals may have given the poor in Brownsville a helping hand.  They just swatted down Laredo's copycat version of Brownsville's anti-plastic bag ban, citing the law as "unenforceable."  The Laredo Merchants Association had challenged the law in 2015.

Comments

  1. "There simply has to be another option than sending shoppers out into the one hundred degree sun of the H.E.B. parking lot with unprotected meat, ice cream, dairy, eggs and produce loose in a metal shopping cart." There is, bring your own bag. Also, meats, among other things, are placed in plastic bags under the current ordinance so your argument is, uncharacteristically, in error on it's face. It pains me to say that I think people opposed to the ordinance are lazy and can not be troubled to take their own tote when they shop. It is funny that some of these same people happily pay a fee to shop at Sam's where no bags are provided at the checkout counter.

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    1. AnonymousOctober 13, 2016 at 9:30 AM
      No one is stopping you to continue taking your soiled and contaminated tote bags when you shop. Personally I want for my store to provide me a fresh new uncontaminated bag don't care if it's plastic or paper. One thing I know most of these bags are made in America, thats Americans having jobs to feed their families.

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  2. Ha! Pat and Rose just got their asses handed to them ! Fuck off with your taxes. Nobody wanted to support your bullshit liberal programs. Pat, if you thought the people would support this crap, why did you not put it up for public vote? Reguardless of your answer, we won, you lost. I hope someone puts a class action suit together against the city of browntown. Time to start looking for a job Rose. Your funding will be gone shortly.

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  3. The city and people that have jobs supported by the bag tax are shitting a brick. No one can completely account for all the TAX money that has been illegally collected . This is a fine example of how democrat corruption emanates at the municipal level. Don't be surprised when the cob chooses not to fight this out. They want this done with asap. I hope the Great State of Texas sticks it to you! This is going to get good. Thanks Jim, please stay on this. I never liked anyone telling me how to recycle when I have been doing it all my life.

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  4. There was a study of how to make one reusable bag pollutes ten times more, than what it takes to make one disposable plastic bag.
    Besides, I always thought its not the plastic bag polluting Brownsville, it's the F___ing dirty, filthy people of Brownsville polluting! You could ban as many things as you want, but if the people of Brownsville are filthy, we will have a filthy city!
    It's time we start caring Raza! We have trash cans, and Recycling Centers! Pick one, or the either, but not our city streets! Let's revive BROWNSVILLE SHINES!

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  5. Obviously, the naysayers prefer the plastic bags and a dirty city, which says a lot about you. You prefer to wish us the worst, contribute nothing and are the best example of what is wrong with our city.

    I am confident we can prevail, because this is not a tax, but an option by shoppers to purchase bags with a donation towards our environmental fund. No one is forced to purchase bags, they can take their own bags just like our parents and grandparents use to do when shopping. A tax is by force and the choice to shop with or without bags is an individual's choice.

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    1. That's all you got Pat? Your group is not going to fight jack shit. Every one is to busy trying to hide the stolen money. I live in Brownsville and get my plastic bags in Mcallen where the shopping is much better then the browntown ghetto. Sossi better start looking for some good, out of town attorneys to waiste more citizens money defending your "environmental slush fund."

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    2. You should go live in McAllen if it is do much better.

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    3. "The option to purchase bags with a donation toward our environmental fund."

      In other words, if you want plastic bags they are TAXED and TAX money goes towards their government environmental program.

      You idiot you just proved their point.

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  6. Yes, I have also said we need good attorneys versed in this type of law and it is not Sossi or Eddie Trevino. See my letter to the editor that is being submitted. The ordinance is not a tax, but this Republican AG is creating controversy to deflect attention from his indictment and legal troubles. Ken Paxton is the worst AG we have had, he is also against the 1973 Dolp Brisco Open Records Act. This AG will get his Karma and we will win providing we get good legal counsel. The AG is blowing smoke.

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    1. Now Pat, you conveniently are ignoring the fact that you aren't as smart as you want people to think. Other cities that tried to pull this scam have also gotten busted. You know this isn't a partisan thing, so don't try to distract people from the fact that your pet project is yet another item on a long list of stupid shit Pat Ahumada has done.

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  7. Anonymous, who prefers to live in the manure, please note that the city has been almost bag free litter for 5 years, which has saved taxpayers money not having to deal with the litter we were once plagued with and you cannot ignore. This is an accomplishment, whether you like it or not. Also, note that the city has been able to use the funds generated from the bag fee to improve the city, again this is a success worth noting that you want to degrade. So, what does this say about you and those like you, that you are one of those naysayers who prefers failure than success. You prefer to see the glass half empty instead of half full. And you don't know what you are talking about, because we do have a process and even other cities have failed, I believe we will prevail providing we hire a good attorney in this field of law. Now, let me ask you if when you buy a lotto ticket whose proceeds are used to fund education and other needs are being taxed or is a voluntary thing you do when you purchase the lotto ticket? Are you forced to purchase the bags at check out or do you pay for the bags if you prefer not to take bags when shopping? No one forces you and you are not being taxed. If you are to dumb to distinguish the difference, I cannot do anything about that. Dumb dumb!

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    1. You have become more delusional in your old age Pat. Love watching you and your bag lady rose squirm with these silly statements. Brownsville was a shithole when you were mayor and it is still a shithole today. Maybe you and your amature neighborhood environment group should take a field trip to Mcallen to see how a real city handles recycling. Real city leaders would lead by example by implementing fully operational recycling centers and collection programs. The 1 recycling center is a joke and the worthless collection program Rose put together was. As expected, a embarrassing failure for Brownsville Healthy Communities. What you, Pat and your band of armchair environmental group members don't understand is none of us are against recycling. We do it every day with or with out you. What we are against are special interest groups who profit from bullshit, illegal city ordinances implimented by misguided and croupt special interest groups like Healthy Communist of Brownsville that suck and misuse our hard earned money. Even after all these years of collecting this illegal TAX, the city of Brownsville STILL does not have a collection program, a city recycling center that functions or any curb side pick up. So Pat and Rose of healthy communist (communities) of Brownsville, where did all the money go? I'm not worried Pat, Ken Paxton I going to find it for us.

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    2. Dip Shit Pat, the Texas Lotto Comision can account for every dime taken in and spent. The City Of Brownsville can not account for the bag TAX income. That is what the issue is. At least I know where my money goes when I choose to buy a lotto ticket. Also, why can you not answer the basic questions asked?
      Why were we, the citizens of browntown not allowed to vote on this "important" city issue?
      Because you would have lost like you lost the election.

      Where is the money ?
      In the hands of corrupt politicians and "activists" like yourself.

      Who's jobs are supported buy the bag tax?
      I do live in manure. I live in Brownsville.

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    3. Aside from the personal attacks which is based on your hate and that is okay, I agree that the funds collected should be accounted for, which is why we need to elect good people to the council and not what we have now. All need to be replaced, but people who will make the city the agenda and do what is right need to run for the position. I also agree that the present recycling program is driven by special interest that Gowen represents and they too should be scrutinize. I can tell you the plastic bag ordinance, which is not a tax as explained earlier and the recycling program I introduced in the 1990's and expanded in 2011 was a better recycling program than what we now have. But, Gowen and her special interest wanted to get their hooks into the recycling and did away with what we had that was better with no special interest involved and now we are stuck with these people who are always looking for what is in it for them as this program has proven to benefit them instead of the city as a whole. The healthy communities is a Gowen and Camarillo venture that has empowered a select few to do what the council can easily do, but like the United Brownsville scam, these people use others to do their bidding as does Healthy Communities, but we have to work with them to lessen the special interest impact by electing good public servants. i will repeat, i agree that the funds should be scrutinize as Cabler has a way of using funds to appease commissioners as he did with Atkinson and the Sports Park then covered up the misappropriations with a skewed audit controlled by Cabler. Atkinson should had been indicted, but was protected by Cabler.

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    4. Browntown has a recycling program? News to me. Misappropriations like using a City fire department ladder truck and personnel to rescue a second story dog that did not need rescuing ? Should I keep going ? Pat, You created this bag tax program and now you are blaming other politicians for its demise. At least we can agree on something, the scam that United Brownsville is. Maybe Ken Paxton, our GREAT AG will take pity on Brownsville and help clean out all the rats.

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  8. Go live in McAllen.

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    1. You are quite the progressive thinker with your spiffy reply, aren't you? You are right in one since. All the smart people who somehow end up in brownsbil leave as quickly as they can. That is one reasion your city is in the shape that it is.

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    2. Go live somewhere else. Spiffy? What era are you from? Yes, I am spiffy and Brownsville is my city. Hey, that kind of rhymes. Anyway, go back where you came from, start cleaning your own house before you start criricizing someone else's.

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  9. You elect people to the council to make decisions, are we to put every decision to a public vote? Vote for those who you think will do what is best for the city and not be your errand boy or will be trying to justify or appease you with every propsal. Leaders make decisions and hope for the best. Leaders make bad decisions and learn from mistakes. Those who prefer to do nothing or put there self serving interest before the city are not leaders.

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  10. So we should bang plastic drink containers too? I see empty soda, water and energy drink bottles all over the city. Maybe, while we're at it we should ban aluminum cans too! How sad that as a mayor you chose this bag ban to be your legacy.You had 2 terms to do something for this city and this is what you came up with? Wasted votes, wasted days, and wasted nights. Lastima.

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  11. Naysayer this is not my legacy, you choose to ignore and accept all the good accomplished as mayor, which is more than the legacy you leave behind. I do agree about the litter of plastic bottles and other containers that hurts our environment. I don't have all the solutions to your concerns pointed out, but await to see how you propose to deal with those concerns you seem to worry about. Perhaps, you should run for office since you seem to know how to deal with these concerns. Save you Lastima for the mayor you help elect and take credit and applaud how he is the great one you replaced me with. Laude his legacy and be proud by signing your name, like I do. Lol!

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  12. Pat Ahumada and and Tony Martinez are singlehandedly the worst things that have ever happened to Brownsville. Pat cared more about dogs than his people and self appointed King Tony is better than all of us pheasants.

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  13. That is not true Anonymous 11:01 AM, I am passionate about the humane treatment of animals, but I always put the city first. Personal resources and donations drove the pet agenda. I am proud to stand up for pets and I feel sorry for you for attacking my love and compassion for animals, as it says you are an evil person. Anyone who attacks the betterment of animals must be evil

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  14. Pat you are pathetic

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  15. Ahumada you are crazy get your own blog

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  16. I may just do that, I have been offered a radio blog show and web site. The radio talk will be from 5 to 6 or 7 PM. If I accept, I will start in about 120 days and will be exposing some people like you.

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    1. Go for it Pat!

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    2. So what would be the format of the radio blog show? Would it be like talk radio where people call in and sound off or would it just be you giving your opiniins and insight about the topic of discussion? Would it be available online or on the standard radio waves? Daily? Weekly? What? I for one would be interested in hearing about this proposal.

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  17. Anonymous, we are drafting the plan for a radio talk show that will be open to listeners to call in with their input on the topic of discussion. We will invite guests to be interviewed on issues of the day or topics of interest. The format is English and the show will also be video taped to have on the website for comments. The plan was left up to me to draft and propose, but the problem I have is making the commitment to a routine that I will have to stick to for a long period of time. So, I am trying to recruit other personalities that would join me in hosting a talk show on different days of the week, so I will not have to do it daily. I contacted Rey Lopez who is interested, but has not committed and we will explore some more what we are willing to do. I am thinking of doing my show once a week between 5 and 7 pm or just one hour. But, if I cannot recruit others, I may have to do it daily until we do. Like I said, it is in the planning stages, but it will be done, just a matter of making the commitment or getting someone else to do it. LOL!.. I hope to make it very interesting, get people to engage and provide topics and issues of interest, bring transparency to governance on decisions that impact our city. I am going to love to interview candidates, review elected officials record of accomplishments and management practices... It is going to be fun.....

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  18. Name one successful Internet radio show pat. You will fit right in.

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  19. Who says or cares if you tune in Anonymous 8:00 AM. Why does it bother you, I bet it is because it is me and you do not like being exposed or your hate being scrutinize as a Chris Valdez and clones. Lol! Tune out! Lol! You are helping me make up my mind to commit and do it, just to expose what you stand for, which is nothing but hate with nothing good to offer and the coward you have always been and are.

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    1. Are you jealous of chris valadez ?

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  20. And obviously, you do not know what a Radio talk show is about or understand the website is a side feature of the live radio talk show. What can you expect from an ignoramous.

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  21. Pat you are the ignorant and selfish

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  22. Sorry, but obviously you do not know what a Radio talk show is and you do not even know your name. You must be a Buffoon with some kind of anti-ahumada training. You have been trained to oppose anything Ahumada posts, says or does. You have nothing to offer, can't sign your name and are a clone of Chris Valadez who likes to steal, cheat and is vulgar. In the end you will reap what you sow, the Bible guarantees this and have the satisfaction to know you will reap plenty with your hate.

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  23. Again Pat you are pathetic, always you have to have the last word

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    1. First you attack me, then when I respond, you whine. God gave me the ability and I have the right to defend myself. You attack as Anonymous because you are a coward. I sign my name because I want you to know that I am better than you and I am not a coward who throws insults and attacks. You know who I am and where to find me. The only pathetic person is you.

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  24. Pat you need medical attention, we are sorry for you.
    God bless your family

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  25. Pat, it is Cris Valadez who is always attacking you. I know, because Robert said he is obsessed with you and is always talking bad about you to everyone. Instead of feeling sorry for you, Cris needs to get a life.

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