New Braunfels council raises tubing fee, will appeal can ban

A judge struck down New Braunfels' prohibition of disposable containers on its rivers, along with a limit on the size of coolers. A judge struck down New Braunfels' prohibition of disposable containers on its rivers, along with a limit on the size of coolers. Photo: San Antonio Express-News File Photo Photo: San Antonio Express-News File Photo Image 1 of / 254 Caption Close New Braunfels council raises tubing fee, will appeal can ban 1 / 254 Back to Gallery

The city of New Braunfels will appeal a judge's ruling that struck down its disposable container prohibition and a limit on the size of coolers used by tubers on the Guadalupe and Comal rivers.

Also Monday, the City Council voted 4-3 to increase to $1.50 a river management fee charged by local outfitters. It had been $1.25 per tuber.

The lack of explanation by state District Judge Don Burgess, who last week barred the city from enforcing its rules, was one reason for the 5-2 vote to appeal his finding in January.

Last week, Burgess issued a permanent injunction against enforcement of the anti-litter laws, known as “the can ban.” At that hearing, attorneys said an appeal could take two years or more to resolve.

The rulings came in a lawsuit filed by the river outfitters and tourist oriented business, who accused the city of overstepping its authority on state waterways.

“When Judge Burgess ruled the can ban unconstitutional, he gave us no reasons. He didn't put out any written findings,” Mayor Gale Pospisil said Tuesday. “At the very least, we need to know why he ruled it unconstitutional.”

zeke@express-news.net