Some folks worked hard and forced the city into putting the “bag tax” to a vote of the people after the City Council chose to ignore calls for an election. How does one get involved in the campaign to nullify the ordinance authorizing the unconstitutional tax? Who is the contact person? Is there a committee? How can I donate to the cause? This effort needs to stay focused in order to succeed. Signed, Lost
You know the drill. Action Line dithers around before answering a question. But this time, let’s get right to the point.
The group of citizens seeking to repeal the bag ordinance has just established a website. It’s www.NoDurangoBagTax.com.
The site went live a couple of days ago, so it’s a work in progress, according to Dave Peters, the Durango resident who is spearheading the effort.
“We’ll be filling in the details and finishing the design in the next couple of days, but we wanted to get things rolling,” he said.
The site has some basic information and many more details will be added, Dave said.
But the important parts are already there for you: an email link for the group (info@nodurangobagtax.com) and, more importantly, a PayPal credit-card portal for making political donations via plastic. Of course, paper checks will be accepted, too.
Anyway, what’s clear about this issue is that there’s nothing clear about it.
For instance, is it a “tax” or a “fee?”
As it stands, the Durango ordinance calls for a dime to be charged for each grocery bag. Proceeds will be split in halfsies, with the stores getting a nickel for their troubles.
Meanwhile, five cents goes to the city. According to the ordinance, the money will earmarked for “administrative costs,” “public education and outreach campaigns,” “community cleanup events,” “maintain a public website” and “purchase and install equipment ... including recycling containers and waste receptacles,” among other things.
The city insists that because funds will go to specific environmental programs and not the general fund, it’s a “fee.”
Some don’t agree, including the Mountain States Legal Foundation. It’s suing Aspen over that very issue.
Durango’s bag ordinance is similar to the one enacted in Aspen, except its “fee” is 20 cents. (Typical Aspen ... even their grocery bags are twice as expensive.)
The foundation claims Aspen skirted a state law that requires voters to approve any new tax.
As the foundation sees it, merely calling something a “fee” isn’t sufficient, citing a Colorado Supreme Court ruling that defines fees:
“The primary purpose for the charge is to finance a particular service utilized by those who must pay the charge, then the charge is a ‘fee,’ ” the court said.
Durangoans (or Aspenites) who pay a bag “fee” get a bag, so that’s fine. However, half the “fee” goes to fund government programs for everyone’s benefit – those educational and outreach programs, recycle bins, cleanup events and whatnot.
Meanwhile, that “public website” won’t be password protected for only those shoppers forced to buy grocery bags. So technically, it’s public – except no one’s going to read it.
Undoubtedly, the city will nominate it for several municipal website awards.
Be that as it may, the Aspen case has yet to be decided, but it won’t be an issue here in River City because Durango will vote on the issue Nov. 5.
Bag bans in mountain towns aren’t a sure thing. Just look up the road.
Basalt rocked the bag-banning world earlier this year by rejecting an ordinance prohibiting grocers from handing out plastic bags and requiring them to charge for paper ones. Voters tossed the measure by a 401-363 tally.
However, nearby Carbondale opted to keep its plastic ban/charge-for-paper law by a paper-thin margin of 718 to 691.
Who knows what Durango’s vote will be. But the important point is to participate in this most democratic of functions.
Emotions are running high on both sides, so let’s see if we can disagree without being disagreeable.
If we can debate an issue as vital as grocery bags, imagine how civil our dialogue can be with much less important topics.
Email questions to actionline@durangoherald.com or mail them to Action Line, The Durango Herald, 1275 Main Ave., Durango, CO 81301. You can request anonymity if you know what other local issue will be on the Nov. 5 ballot.
