The Third District Court of Appeals filed its opinion in the lawsuit filed by the Florida Retail Federation against the City of Coral Gables in reference to the City’s polystyrene ban.
The Court reversed the decision made by the lower court in favor of the City of Coral Gables and remanded it “for entry of final judgment in favor of FRF”, dealing a huge blow to the City’s efforts. (See Full Opinion).
The City Commission had passed an Ordinance in February of 2016, which prohibited the use of polystyrene containers by establishments in the City. The Florida Retail Federation filed suit in July of that year against the City.
The decision today stated: ” Because the trial court erred in finding the three statutes unconstitutional and concluding that the City’s Polystyrene Ordinance was not preempted, we reverse.”
The City put out the following statement through its Twitter account: ” The City is very disappointed with the Court’s ruling. Our legal team is reviewing the Court’s order in depth & developing recommendations for the City Commission’s consideration. The City remains steadfast in its commitment to protecting our environment, which includes eliminating the use of harmful items like polystyrene and plastic bags. The City also remains wholly committed to defending Home Rule & local control.”