They ultimately are voted on by the public, because that's how the lawmakers get their office.
Also, I disagree that this was the applicable law. The material in question is clearly not "litter". Therefore the man cannot be accurately accused of "littering."
If you want to go drag out the Alabama statute on "littering" we can see if this fits within the law.
You wouldn't want to go against "THE LAW" would you?
(b) "Litter" means rubbish, refuse, waste material, garbage, dead animals or fowl, offal, paper, glass, cans, bottles, trash, scrap metal, debris, or any foreign substance of whatever kind and description, and whether or not it is of value.