Third Court of Appeals Rules in Favor of City in Can-Ban Case (New Braunfels)

[corbe]

Due Process WITH NICK ROGERS

Third Court of Appeals Rules in Favor of City in Can-Ban Case

After lingering in the Third Court of Appeals for more than two years, the City of New Braunfels has won the right to continue enforcing the disposable container and cooler ordinances.
Citing a 1994 case regarding the now defunct state sodomy law, the Court of Appeals reversed a lower district court’s ruling that the ordinances were unconstitutional. The Third Court justices ruled that the lower court was not the proper jurisdiction to hear a case
on criminal ordinances.

The Third Court of Appeals used as precedent Texas v. Morales, where the State Supreme Court ruled that a “court of equity” was not the proper jurisdiction to fight the constitutionality of the sodomy law because the law was of a criminal nature. The U.S. Supreme Court struck down sodomy laws in 2003 in a case stemming from a 1998 arrest under the Texas law.

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https://docs.wixstatic.com/ugd/9953ef_a22e03b3a8b54fdc90b69ba0c520c620.pdf

   City has Publicly stated there will be no enforcement until possibly Labor Day weekend, if even then.- corbe