Latest news on the court case seeking an injunction:
-
http://www.gwinnettdailypost.com/main.asp?SectionID=6&SubSectionID=84&ArticleID=53798
-
Garbage debate heads to court
Arguments continue Friday on Gwinnetts trash plan
By Jamie Ward - Staff Writer - LAWRENCEVILLE
Two locally owned garbage haulers had their day in court Wednesday to challenge the legality of the county’s new solid waste plan. And the only thing decided by the end of that day was that the haulers, county officials and Gwinnett Clean and Beautiful would all be returning to court Friday at 1:30 p.m.
...
“We’re asking for this preliminary injunction in order to keep the status quo in place,” said the hauler’s attorney, former Gov. Roy Barnes. “We believe the citizens of Gwinnett can look after their own business better than the government, especially as it pertains to garbage.”
...
At one point during the argument concerning legislative authority, attorney Frank Jenkins, representing the county, said, “The county has the right to choose whomever it wants to administer the program.”
...
The plaintiffs took issue with this mentality. Barnes’ contention was, how can a private corporation like Gwinnett Clean and Beautiful have the authority to administer fines and fees related to the county’s solid waste ordinance?
...
By the testimony delivered, it was determined that under the ordinance, the Sheriff could technically deputize employees of Gwinnett Clean and Beautiful, which would then give those employees the authority to act as the “garbage police” for the county. Under the new ordinance, the “garbage police” could then potentially levy $500 fines on residents who weren’t in compliance with the law.
-
“I’ve never heard of a private corporation holding police power,” Judge Clark said. “I’ve never seen an ordinance like this one before.”
...
When Jenkins argued that granting the injunction “would wreak havoc on the county for its garbage hauling services,” Judge Clark didn’t seem to be bothered by the potential outcome of that action.
-
“Your argument of consequences is falling on deaf ears,” Clark said. “But if what you did is illegal, I will stop it.”
It sounds like Judge Clark has some sense.