- Associated Press - Friday, November 6, 2015

ASPEN, Colo. (AP) - The Colorado Court of Appeals says a 20-cent bag fee that Aspen requires the town’s two grocery stores to charge is constitutional.

The Aspen Daily News reports (https://goo.gl/6dOFCe ) town officials applauded Thursday’s unanimous court decision, which allows the municipality to continue charging the fee as a way to reduce waste.

The Colorado Union of Taxpayers, which lost in district court in 2014, had challenged the ordinance that led to the fee as an unconstitutional tax because the electorate never voted on it. The Taxpayer Bill of Rights, or TABOR, prevents a government from implementing a new tax without a public vote.

But the appellate court found that because the bag fee isn’t a tax, TABOR doesn’t apply. The Aspen City Council voted in 2011 to implement the fee.

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Information from: Aspen Daily News, https://www.aspendailynews.com


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