Letter to Council: TAKE NO ACTION

Dear Councilors,

I know you will take up the plastic bag issue again, soon.

You all know, where I stand, and where my grass-roots citizens Group, Save the Bag: Los Alamos, stands on banning and taxing plastic shopping bags.  We oppose the petition, and all efforts to ban and tax plastic shopping bags in Los Alamos County.

Over the course of the last few months, I have attended the three meetings the ESB has held on this issue.  In the June and July meetings the board members voted twice to TAKE NO ACTION on this issue.  In the June meeting the vote was 3-3.  In the July meeting the vote was 4-2.  Some of them set aside their personal beliefs for this vote.  I commend their leadership in doing that, and ask that you do the same.  In speaking with some of you on this issue, I know you want this ban.  You think it will be beneficial to the environment and to Los Alamos.  I have previously sent you four white papers, written by my colleague, Becky Chamerberlin, with non-industry, and academic data on this issue -- as requested by Councilors Henderson and Sheehey.  If you have read Becky's papers, you will see that a ban and tax on plastic shopping bags will not help Los Alamos, the environment, or the people and business of our town in any way.  (If you have not read Becky's papers, please follow the link to our blog, HERE to read this information.)

Our opponents on this issue have stated numerous times that "little actions make a big difference."  That might be true, but if the little actions we engage in are bad actions,  we are going to get a big bad result.  If you read through the comments on both rounds of the Open Forum, it is clear that Los Alamos does not want this.  People want to know what their options are, they want more and clearer information from the County on recycling, and then they want to be left to make their own decisions.  They want to be free to make decisions which will be of most benefit to them.  We cannot have a community where "full compliance" to an arbitrary law is forced on the majority, by a small and unrepresentative minority of people. 

People, rightly so, feel this issue has wasted our time and resources as a community.  I agree with that sentiment.  I have spent over 100 hours of my time on this, and would like to get back to the things that actually matter to me.  Please, let us focus on more important things -- I suggest working on getting the Manhattan Project Park headquartered here (we cannot let Oarkridge beat us on that!).  Our rebranding efforts also need the full attention of the Council, and do not need the tedious distraction of a plastic bag ban blocking the way.

The public debate on this issue has focused on the impact to the individual, however, the impact to our businesses must be taken into account.  They will be the ones left to implement and comply with a ban and tax.  We absolutely cannot burden them with any more regulation and hassle.  One of the goals in the Strategic Leadership Plan for 2015, and a stated goal of the Council is to provide opportunity for growth in the business sector, in existing business and new business.   You must follow through with those goals, and the best way to do that is to not regulate what a business can or cannot provide to its customers, or what a business must charge its customers for a service it provides.  Price controls never work (i.e. taxing plastic shopping bags), and always have unintended consequences.

The legal issues surrounding a proposed ban and tax also must be considered.  If the county taxes plastic bags and keeps the money, under state law it is considered an excise tax and must be put to a vote.  Special elections will cost tens of thousands of dollars and time from the County, not to mention it will cause more disharmony and bitterness to rage in Los Alamos.  Let's save ourselves a step and not go down that road.  If the county taxes plastic bags, and allows the merchant to keep the money, we will be in violation of the state's anti-donation law and will open ourselves up to costly litigation.  Again, let's save ourselves a step and not go down that road of wasting County time, money and resources.  I'm positive that Councilors Henderson, O'Leary, Israelevitz and Sheehey do not want to be remembered as the people who violated the law and got a lawsuit slapped on Los Alamos County. 

Also know that if the Council does vote to ban and tax plastic bags, Save the Bag: Los Alamos will be on the front line reminding people of your votes, and will work to unseat you in your next re-election campaign. 

Today, I ask that those of you on the Council that support a bag ban and tax, please set aside your personal feelings and wishes on this issue and vote to accept the ESB's two time recommendation to TAKE NO ACTION on this issue.  I ask that you respect the majority wishes of the people in Los Alamos County who do not want this, and vote to let this issue die.  You have the opportunity to do the right thing, so please take that opportunity.  Let's get back to the real issues which face our community. 

Sincerely,

Joyce Anderson

Founder, Save the Bag: Los Alamos