Gainesville's attorney recommended that commissioners rescind its plastic-bag and Styrofoam ban.

Gainesville commissioners rejected their city attorney’s recommendation Thursday to rescind an ordinance that bans businesses from giving out single-use plastic bags and Styrofoam containers.

The ban, which has been discussed for nearly a year, will take effect in January 2020.

The 5-1 decision on Thursday comes days after Gainesville and Alachua County commissioners received letters from the Florida Retail Federation demanding the bans be reversed, calling it unlawful. Commissioner Helen Warren voted in dissent and Commissioner Gigi Simmons was absent.

“Plastics are destroying our environment,” Commissioner Adrian Hayes-Santos said. “If we don’t take a stand in our community to protect our area, no one else will.”

The issue was revisited after a new state law, which took effect July 1, requiring government agencies pay attorney fees and damages if it was challenged and lost in court.

City Attorney Nicolle Shalley said that commissioners can revisit the ordinance later and avoid financial risks if the law changes.

Commissioners, however, said they welcomed a legal battle and that they knew they would be challenged.

“I knew this was going to happen,” Mayor Lauren Poe said. “I was just waiting for the letter. I’m not going to back down. I understand the potential risk, I get it. It’s worth it.”

In the demand letter, the Florida Retail Federation gave Gainesville 60 days to repeal the ordinance.

“Our organizations welcome the opportunity to work with your city to find other lawful ways to address our concerns on this issue,” the letter says. “We all have a vested interest in finding efficient and effective ways of protecting Florida’s environment.”

Gainesville commissioners were previously warned about a potential lawsuit when considering the ban, but welcomed the challenge. Several Gainesville residents urged commissioners to heed to their attorney's recommendation. Some said the commission was playing with taxpayer money on the hope that a similar lawsuit in Coral Gables would resolve the issue.

The city of Coral Gables, whose ordinance Gainesville leaders used as a template, is currently in a legal battle with the retail federation. The courts sided with the city but are battling the issue in appeals court. So far, the city has attorney fees beyond $100,000.

Though she supports the idea of the ban, Warren said the city should reconsider due to financial risks. Commissioner Gail Johnson differed, saying the new law is an abuse by the Florida Legislature, adding that lawmakers are aided by corporate interests. She said the Legislature is attempting to tell local governments what’s best for their individual communities.