Judge overturns New Braunfels river can ban

One of the best ways to beat the heat is to go tubing. One of the best ways to beat the heat is to go tubing. Image 1 of / 252 Caption Close Judge overturns New Braunfels river can ban 1 / 252 Back to Gallery

SAN ANTONIO — A district judge on Monday overturned the controversial New Braunfels disposable container ban.

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, Councilwoman Aja Edwards said 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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