Firm challenges Seattle law requiring trash haulers to turn in composting scofflaws
A Seattle law requiring garbage collectors to check trash cans for composting violations is being challenged in a suit filed on behalf of residents by the Pacific Legal Foundation, a public interest law firm that backs property owners.
The suit contends the law violates privacy and due process protections in Washington state’s constitution, according to a press release. The suit was announced at a news conference on Thursday, the Seattle Times, Washington Times and SeattlePI.com report.
The ordinance doesn’t allow food and compostable paper to be thrown away with regular trash. Curbside bins are instead provided for food waste. Garbage collectors are required to inspect the regular trash to make sure no more than 10 percent of the refuse is compostable. At first, violators get a warning on their trash cans. In 2016, residents face fines of $1 per violation.
The suit cites a Washington Supreme Court decision requiring a warrant before garbage is searched. The suit also takes issue with the discretion left to garbage collectors and the failure to generally provide for appeals.
“The law makes garbage collectors the judges and the juries,” PLF principal attorney Brian Hodges said in the press release.
