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The Other Supreme Court Upholds Can Ban

The can ban's back following a decision by the Texas Supreme Court on Friday. Image courtesy of Groupon.

More than one supreme court made the news last week.

The Texas Supreme Court on Friday denied a petition for review filed by Stop the Ordinances Please Association (STOP)  to overturn New Braunfels’ disposable container and cooler size ordinances, better known as “the can ban.”

The ruling affirms a decision by the Austin Court of Appeals that STOP did not have the legal right to challenge the ordinances.

According to a press release issued by New Braunfels City Attorney Valeria Acevedo, the court’s decision effectively ends STOP’s long-running legal challenge.

“The city, its citizens and all of the parties involved (can) move forward with an eye toward making the Disposable Container and Cooler Size Ordinances work for everyone involved and to the benefit of all of the citizens of New Braunfels,” Acevedo said in the press release.

New Braunfels said looks forward to collaborating with businesses involved in river recreational activities — together with citizens and community groups working to protect the city’s waterways — to make the ordinances work for everyone.

The city passed its first can ban in 2011, but enforcement of the disposable containers and cooler size ordinance was put on hold in 2014 after visiting judge Don Burgess deemed it unconstitutional. New Braunfels appealed and Texas Third Court of Appeals in 2017 reversed Burgess’ decision.

The can ban only applies to tubers inside city limits. For more information, visit New Braunfels’ official tubing website, watertherules.com.

The site reassures visitors they can drink alcohol or any other beverage responsibly as long as drinks are inside a non-disposable container. The same applies to food.

There are no new rules on the Guadalupe River above Gruene Bridge.

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