Many visitors to the Comal and a small section of the Guadalupe river were greeted by park rangers and costly fines for floating the rivers in New Braunfels with party supplies last season, but that is about to change.
Remember the days of packing a cooler with cold beer, water, and snacks to take with you as you float down the river? Well, because of the controversial New Braunfels disposable container ban, coolers were left behind to sit in the truck while their owners floated the river. On Monday a district court judge said that is all about to change.
District Court Judge Don Burgess ruled in favor of local river outfitters and a beer distributor that the city does not have the jurisdiction to regulate disposable containers on the river.
A summary judgment has been issued, but no details yet, CouncilwomanAja Edwardssaid in a text message.
“After considering the competing motions for summary judgment, the various responses and the case law, the plaintiffs motion for summary judgment is granted,” wrote the judge in an email, according to KGNB.
The ban on disposable food and beverage containers was passed by the City Council in 2012 and applied to rivers within the city, including the Comal and a small section of the Guadalupe.
The ban covered aluminum cans, plastic bottles, paper towels and utensils.
The lawsuit has been pending since that year, when outfitters sued the city, claiming they overstepped their legal authority.
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