Tempe official sues over law blocking bag bans

Posted at 9:00 AM, Oct 01, 2015
and last updated 2015-10-01 12:00:18-04

A member of the Tempe City Council is suing over a state law that prevents cities and towns from banning plastic grocery bags or disposable containers.

The Arizona Center for Law in the Public Interest filed the lawsuit Wednesday on behalf of Lauren Kuby. She says she's suing in her individual capacity, not as a Tempe city official.

Gov. Doug Ducey signed Senate Bill 1241 into law in April.

At the time, Tempe and Flagstaff were considering limiting the use of plastic bags. Bisbee already had a ban in effect.

Kuby says the law violates the Arizona Constitution. She says charter cities should be free to enact bag bans free from interference by the Legislature.

The lawsuit was filed in Maricopa County Superior Court.