Court Strikes Down Styrofoam Ban. Does Ruling Threaten Ban on Plastic Bags, Too?

Photo illustration (Adobe)

Dealing a blow to proponents of local environmental regulations, a Florida appeals court says state law prohibits the City of Coral Gables from banning Styrofoam, a trade name for polystyrene foam. The Third District Court of Appeals reversed a lower court, finding the City’s ordinance was in conflict with not just one, but three state laws. 

The court’s ruling was so broad that retail groups claimed it also will invalidate bans on single use plastic bags such as one adopted in Bal Harbour earlier this year. 

“The statutes at issue are unambiguous; they expressly preempt the City’s Polystyrene Ordinance,” wrote Judge Norma Lindsey for a unanimous three-judge panel. 

One of the statutes, passed in 1974, states that “packaging of products manufactured or sold in the state may not be controlled by governmental rule, regulation, or ordinance.” 

Key Biscayne Mayor Mike Davey was disappointed. 

“It’s another shot at home rule,” he said. 

Key Biscayne opted to defer consideration of its own Styrofoam ban in 2017, fearful of being drawn into the Coral Gables litigation. Instead, the Village Council passed a non-binding resolution urging businesses and residents to avoid use of polystyrene and use recyclable materials to protect land and marine life. 

Home rule refers to a portion of the Florida Constitution aimed at preventing the state legislature from writing laws that just affect Miami-Dade County or its municipalities, and it’s one of the reasons the lower court sided with Coral Gables. 

But Judge Lindsey said the court’s reasoning was flawed on multiple grounds.

“We disagree with such an expansive interpretation of the Home Rule Amendment. It is well-established that the Home Rule Amendment must be strictly construed to maintain the supremacy of general laws,” she wrote. 

The Florida Retail Federation praised the court’s ruling. 

“This decision helps ensure Florida remains a business-friendly state by avoiding a patchwork of regulations by the more than 400 local governments,” said Federation President Schott Shalley in a statement.

Indeed, the Federation contended the court’s ruling also invalidates a number of other environmental laws passed by municipalities, such as bans on single use plastic bags. 

It’s not clear what Coral Gables will do next.  City Attorney Miriam Ramos told the Daily Business Review the City is reviewing the ruling and will come up with recommendations for the City Commission.