Superior Court Grants Stay of Execution for Small Businesses

In Gwinnett County this has been a very hot topic since the beginning of November. I briefly introduced my thoughts in a post about Gwinnett County Monopolizing a Utility. Last night this was put on hold.

In short, the Gwinnett County Board of Commissioners hired a private non-profit organization (Gwinnett Clean and Beautiful) to manage and enforce a new waste disposal plan for the county. Gwinnett Clean and Beautiful split the county in to 2 regions, and awarded each to two trash haulers headquartered in Florida, Waste Pro and Advanced Disposal Services. Payment for these services would be standardized at one fee and added to your property tax bill. They would also enforce recycling by levying a fine of $500 to those who did not recycle.

Two small independent haulers, Southern Sanitation and Sanitation Solutions, filed an injunction against this plan in Gwinnett Superior court stating it would put them out of business. They specifically sited two issues. The first one is the legality of a private non-profit organization doing the county's business by enforcing a solid waste plan. The second, was with the unfair bidding process setup by Gwinnett Clean and Beautiful favoring large companies by requiring large bonds and fees.

Late yesterday, Judge Michael Clark of Gwinnett Superior Court granted a temporary injunction siding with the two smaller companies. Until full hearings are done to settle these issues, things will stay as they are.

The court stated that Gwinnett County did indeed delegate legislative authority to a private corporation by authorizing Gwinnett Clean and Beautiful to implement and enforce its waste plan. The court further stated that this was just unconstitutional. It stated the following about the new plan.

"As a matter of fact, the court finds that Gwinnett Clean and Beautiful Services has the right to set rates for residential customers, to regulate and set fees for commercial customers, to set rates for registration of new customers, to provide enforcement by a sworn deputy sheriff for violation of the ordinances and agreement, and to choose exclusive franchise providers and service areas," "The court finds that all of these are governmental and not merely administrative functions."

Gwinnett County Clean and Beautiful has responded by saying they are still reviewing the ruling and considering legal alternatives. Coincidentally, the services site for Gwinnett Clean and Beautiful today stated “closed until further notice.” This is a relief for many Gwinnett citizens and at least two smaller haulers.

Those are the facts as they stand now. As for me, I totally applaud the ruling of Judge Michael Clark. But, I also just look at it as a stepping stone. In my next post, I will explain why this should not be a surprise to Gwinnett Clean and Beautiful and how this whole deal smells of Corruption.