As The Atlanta Journal-Constitution reported recently, two recycling companies have sued Gwinnett County in federal court, seeking to overturn an ordinance that prohibits for-profit companies from using donation drop boxes in the county.
But that lawsuit now is on hold while Gwinnett officials try to fashion a new ordinance that the parties can agree on.
The issue stems from the proliferation of drop boxes for used clothing and other materials that have sprung up across the county. Business owners say they often appear without permission and become eyesores as used furniture and other stuff accumulates.
To address the problem, in 2014 Gwinnett passed the ordinance banning for-profit donation boxes on private property. The companies later sued, saying the ban violates their First Amendment right to commercial speech and 14th Amendment right to equal protection under the law, among other things.
Gwinnett argues its ordinance is legal. But it’s also working on a new one, which would ban all drop boxes – for-profit and nonprofit alike – unless they’re placed at the offices of the recycling operations.
The parties recently ask U.S. District Court Judge William S. Duffy Jr. to stay the proceedings until April 29 to give Gwinnett time to approve the ordinance. Duffy granted the motion on April 1.
That new ordinance was supposed to get a hearing at last week’s planning commission meeting, but the commission tabled the matter until May 3. That makes it unlikely the Board of Commissioners will approve a new ordinance before the stay in the lawsuit expires.
But County Commission Chairman Charlotte Nash told the AJC Monday the county may seek another stay while it finalizes the new ordinance.
You can read more about the issue here.
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