Lisa Eliason and Andy Stone removed from lawsuit

Athens Law Director Lisa Eliason and Service-Safety Director Andy Stone are no longer defendants in the state’s complaint against the City of Athens regarding the single-use plastic bag ban ordinance.

On April 15, Athens County Common Pleas Judge George McCarty dismissed the pair as defendants in their capacity as city officials. The only remaining defendant is the City of Athens.

In December, the Ohio Attorney General’s Office filed a complaint with the court seeking a permanent injunction to declare ordinances about the single-use plastic bag ban illegal and order the city to stop enforcing the ban, which went into effect on Jan. 1.

Athens Assistant Law Director Jesse Branner Hittle, who is representing the city in the lawsuit, filed the motion to dismiss Stone and Eliason as defendants.

The motion says that the state is seeking a permanent injunction against Eliason and Stone for something they have not done — enforce the single-use bag ban.

It also notes that if the court invalidates the ordinance, there is no ordinance in which a civil penalty or criminal charge could be filed. “There is no evidence either has taken any steps to enforce (the ordinance) and the State has not filed a preliminary injunction. The state is seeking a permanent injunction for something neither has done — enforce (the ordinance).”

The state’s complaint claims that the city exceeded its limited Home Rule authority to enact its own laws by passing the ordinance, which directly conflicts with the Ohio Revised Code.

The City of Athens urged Athens County Common Pleas Court to dismiss the complaint, noting that other government entities — Cuyahoga County and the cities of Bexley and Cincinnati — passed similar single-use plastic bag legislation. The Attorney General’s Office has not sued them.

While the city agreed that several parts of Yost’s complaint were true, the response denied the City exceeded its Home Rule authority when it passed the ordinance. Also the law does not conflict with the Ohio Revised Code.

“The City denies a permanent injunction is necessary to enjoin the City of Athens since the City of Athens is exercising its Home Rule authority,” the rebuttal said.

In its answer, the City also noted that the ordinance was a valid exercise of its home rule authority under the Ohio Revised Code, which allows political subdivisions to enact laws and policies regarding environmentally friendly business practices.

Amicus briefs are to be filed no later than Monday. Responses are due June 3.