In a victory for freedom from nanny-state government, a Superior Court blocked Gwinnett County’s plan to mandate recycling through a non-profit company. The suit was brought by two of the eight private garbage disposal companies currently operating in the county but which would go out of business under the County’s scheme. For what it’s worth, their lawyer is former Governor Roy Barnes, who told the AJC “I’ve never seen a government target its own small businessmen. This is the best example of politicians saying one thing and doing another that I’ve ever seen.”
The basis of Judge Michael Clark’s ruling was that the County plan violated a state law by delegating governmental functions to a private company. The plan had authorized a private non-profit, Gwinnett Clean and Beautiful Services (GC&BS), to grant exclusive contracts to three private garbage hauling companies. Another part of Judge Clark’s reasoning was that GC&BS changed their method for selecting the haulers and in fact contracted only two companies to do all the trash collection for the unincorporated areas in Gwinnett.
Theoretically, it leaves county residents with no trash pickup after January 2nd. However, GC&BS claims to be working with Gwinnett officials to create a solid waste disposal plan that will pass judicial muster. It isn’t clear why the status quo ante will not prevail automatically.
Also unclear is the future of Gwinnett’s plan to mandate trash separation and recycling by residents.
The Libertarian Party of Georgia has no problem with any citizen voluntarily recycling paper, plastic, and glass from their trash. Our objection begins when the County removes the voluntary component and forces citizens to participate. Regulations like this treat citizens like incompetent children who cannot be allowed to choose for themselves whether or not to recycle trash.
The County must come up with a new trash plan by January 2nd. Now is the time for Gwinnetians to contact their county commissioners to make sure whatever garbage collection system Gwinnett approves does not include mandatory recycling. Here are their names and contact information:
