Those darn cities think they’re above the law

Legislators’ complaints of lawbreaking by cities on the upswing

By Paulina Pineda | Arizona Capitol Times

Bisbee Mayor David Smith said he and the City Council faced a tough decision after the Attorney General’s Office found the city’s plastic bag ban ordinance was illegal.

The council could choose to stand up for what they thought was right – the charter city’s right to self-governance – or risk losing nearly $2 million in revenue from the state, Smith said.

“I as mayor could not commit our city resources to fighting this,” he said. “I can’t spend our public money or pledge our public money on a chance.”

Instead of appealing the attorney general’s decision, the Bisbee City Council voted last November to suspend its plastic bag ban ordinance and draft a new version that makes it voluntary for retailers.

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