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Collection Bins for Clothing and Used Goods Targeted as Nuisances
Michigan Capitol Confidential ^ | 4/23/2015 | Anne Schieber

Posted on 04/27/2015 6:22:00 AM PDT by MichCapCon

While some charities use collection bins for receiving clothing and used goods, they may also face opposition from local governments that cite public-nuisance concerns as justification for banning them. A federal appeals court has ruled in favor of one mid-Michigan charity that opposed a ban, but it could be some time before Michigan cities back down on such restrictions.

“They may find another way to make it difficult, like a permit fee of $300,000 or something like that. We hope that’s not the case and we can work with them so that it is a win-win for everyone,” says Dan Dalton, the attorney representing the charity Planet Aid.

Planet Aid sought a temporary restraining order on a collection bin ban in the city of St. Johns. The charity prevailed in federal district court and a federal appeals court upheld the ruling. The attorney for St. Johns says no decision has been made to appeal. It could ask the appellate court to reconsider the matter, ask all judges in the 6th U.S. Circuit Court of Appeals to review the case or submit a writ of certiorari to the U.S. Supreme Court to consider the matter.

“The effect of the (appellate) ruling was to suspend enforcement of St. Johns' donation bin ban while the court case is being litigated. … At some point the case will be remanded to the district court for further proceedings at the trial court level,” said St. Johns City Attorney, John Salemi.

Planet Aid alleged the ordinance violated its First Amendment right to free speech. Cities throughout Michigan have banned outdoor collection bins, claiming they have become a public nuisance. But charities say the bans are there to protect big recyclers like Goodwill and Salvation Army, which have expanded their retail operations into big box stores. Goodwill is opening higher-end “boutique” shops in some parts of the country.

Goodwill did not respond to a specific questions in an email, nor did the leader of the Association of Goodwills in Michigan return a call for comment in time for publication.

Planet Aid spokesman Brian Hinterleiter says his organization’s experience in St. Johns was a bit unusual. The city had no ban but removed the charity’s bins off authorized private property without notification. Planet Aid did get its bins back and later the city passed a bin ban. Charities whose bins were not removed by the city were grandfathered in, which allowed their bins to stay in operation.

A state bill to restrict bans failed to make it out of committee in the last legislative session. Dalton says he and others are looking for a new lawmaker to champion the cause. He says the Michigan Municipal League and Michigan Counties Association agreed to remain neutral on the matter. Until then, Dalton says Planet Aid will work with cities. He is encouraged by the recent appellate decision upholding the charity’s First Amendment right.

“We’d like cities to pass an ordinance similar to the one that has been operating successfully in the city of Portage. Basically, set up a system that fits within the character of a community but doesn’t ban them outright,” said Dalton.

Portage uses a licensing system that calls for periodic review and seeks to eliminate unscrupulous or negligent operators.

Salemi said discussion of any changes to the city’s bin ban is premature at this point.

“I do know that the city commission is very concerned about the potential of unattended donation boxes creating public nuisance and blight situations based on what has happened in other communities both state and nationwide,” said Salemi.


TOPICS: Government
KEYWORDS: politics

1 posted on 04/27/2015 6:22:00 AM PDT by MichCapCon
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To: MichCapCon

Our church has had one for a few months now. Architecturally approved by our (STRICT) town board; it get us about $100-125 per month.


2 posted on 04/27/2015 6:28:45 AM PDT by Flintlock (Our soapbox is gone, the ballot box stolen--we're left with the bullet box now.)
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To: MichCapCon
The charity collection bins in my area are nothing more than garbage receptacles.

You can always expect them to be overflowing immediately after the weekend yard sales, with the crap nobody would buy at the so-called yard sales.

Then, on Monday, it rains, on Tuesday it rains, then maybe by Thursday, they come around to empty them and they have a sodden, mildewing mess.

Of course there is nothing worth putting into the thrift stores or preparing for donation to the needy, since the illegal population has been there before anybody else and cleaned out the good stuff.

The illegal population treat them as shopping receptacles.

The local Hannah House has tried everything to foil them, but I once went by one and saw a woman boosting a 6-8 year old child into one of them and he started throwing the good stuff back out.

There needs to be a better, for sure.

3 posted on 04/27/2015 6:33:27 AM PDT by OldSmaj (obama is a worthless mohametan. Impeach his ass now!)
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To: MichCapCon

Calling them a nuisance so they can collect a s $300K “permit fee”. Its about it being an eyesore. Riiiiiiightttt.


4 posted on 04/27/2015 6:41:44 AM PDT by jsanders2001
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To: MichCapCon

When bins are banned...only renegade recyclers will have bins.


5 posted on 04/27/2015 6:42:41 AM PDT by spokeshave
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To: OldSmaj
The charity collection bins in my area are nothing more than garbage receptables.

That can happen if they're in unsupervised areas or aren't emptied daily. Much better than the bins would be to have someone available at the smaller charities if someone wants to leave something off.

6 posted on 04/27/2015 6:46:21 AM PDT by grania
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To: MichCapCon

Nothing more than rationalized theft from charities.

Those who promote such regulations covet the grace exercised by others, then rationalize their thefts of freely given property by claiming the mechanics of grace are offensive to them.


7 posted on 04/27/2015 6:46:32 AM PDT by Cvengr ( Adversity in life & death is inevitable; Stress is optional through faith in Christ.)
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To: jsanders2001

Well, the $300k isn’t intended to be paid, really.


8 posted on 04/27/2015 6:47:55 AM PDT by MrB (The difference between a Humanist and a Satanist - the latter admits whom he's working for)
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To: Cvengr

Leftists HATE private charity, because of the inherent requirement of private charity to shepherd its resources, ie, to “judge” the recipients.


9 posted on 04/27/2015 6:48:37 AM PDT by MrB (The difference between a Humanist and a Satanist - the latter admits whom he's working for)
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To: jsanders2001

We’ve got one from Goodwill at the end of the alley. Its ugly but otherwise harmless.


10 posted on 04/27/2015 7:03:08 AM PDT by cripplecreek ("For by wise guidance you can wage your war")
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To: cripplecreek

> We’ve got one from Goodwill at the end of the alley. Its ugly but otherwise harmless.

They don’t bother me but I could see how it might make Kanye West or Tom Cruise fume taking away people’s attention for a second from their mansions, luxury sports cars, and perfectly manicured lawns.


11 posted on 04/27/2015 7:07:22 AM PDT by jsanders2001
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To: MichCapCon

Where else to they expect people to dispose of their old underwear, worn-out laptop batteries, or old CRT-style television sets?


12 posted on 04/27/2015 7:12:48 AM PDT by Buckeye McFrog
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To: MichCapCon

Yet I’m the villain if I complain about the beggars waiting for me every time I hit a red light.


13 posted on 04/27/2015 7:45:42 AM PDT by YourAdHere (It's Hillary's turn (to testify))
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To: MichCapCon

Too many treat the boxes as free dumping for garbage the garbage company won’t take: CRTs are hazardous waste (lead), furniture (couches & mattresses in particular) is just too big, etc. Those places that _will_ take such things require you pay for the privilege to do so. Commercial dumpsters big enough are often monitored and unauthorized use prosecuted. Convince oneself “it’s for charity” and the problem of difficult disposal goes away with just dropping it in or next to the “Donations” bin...creating an eyesore (at best), or toxic waste dump (at worst).

I do wonder who, seriously, puts those bins up - they seem much more trouble than they’re worth.


14 posted on 04/27/2015 8:54:25 AM PDT by ctdonath2 (Hillary:polarizing/calculating/disingenuous/insincere/ambitious/inevitable/entitled/overconfident/se)
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