judge ruled this morning he has the jurisdiction to consider the case, city appeals
A Comal County State District Judge ruled this morning that a group of tourst related businesses have the right to sue the city of New Braunfels over the 'Can Ban,' but city attorneys immediately appealed that ruling, essentially making it impossible for any court to place a hold on the law this year, 1200 WOAI news reports from New Braunfels.
Comal County District Judge Charles Ramsey made a ruling on a lawsuit filed by a number of New Braunfels businesses, including Schlitterbahn, which claim that the law which prohibits any non returnable can or bottle from being taken on the rivers in the city. The plaintiffs claimed that the ban has cut tubing and rafting on the rivers by more than half this year.
The city questioned whether the businesses had the right to sue, pointing out that a Comal County judge upheld the city's ban on so called 'Jell-O shots," Jell-O spiked with vodka, back in 2006.
Back in 2000, a court threw out a total ban on alcohol on the rivers, claiming the rivers are state property and forbidding alcohol on the rivers is the prerogative of state government. The city argues that this case involves litter, and trash clean up is traditionally a local government enterprise.
The appeal of Ramsey's ruling means the case will have to be docketed by an appeals court in Austin, meaning the businesses will not get the relief they had hoped for before the end of the summer water recreation season.