Chloe Zhang
Plastic bag pollution is a pressing issue in Ohio, with plastic waste causing harm to wildlife, people, and the environment. In recent years, there have been efforts to ban plastic bags in the state, particularly in Cuyahoga County, which passed a Disposable Bag Ban in 2019. However, Ohio has a complex legislative landscape regarding plastic bag bans, with the state passing a ban on bans, preventing local communities from implementing restrictions. While some support this decision, citing business concerns, others argue that it hinders progress in reducing plastic litter. As of 2021, the Ohio Senate has included a provision in its state budget proposal to permanently block cities from taxing plastic grocery bags, indicating a continued resistance to plastic bag bans in the state.
| Characteristics | Values |
|---|---|
| Plastic bags banned in Ohio | No |
| Plastic bags banned in Cuyahoga County | Yes |
| Plastic bag ban in Cincinnati | Tried to implement one |
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What You'll Learn
Cuyahoga County's disposable bag ban
Cuyahoga County passed a Disposable Bag Ban ordinance in 2019 targeting single-use plastic bags provided to consumers at checkout. The ordinance was, however, preempted by the State of Ohio with a "ban on bans", meaning Cuyahoga County is not enforcing the ordinance. Instead, the County is encouraging voluntary compliance from retailers and educating consumers to bring their own bags.
The County is committed to eliminating single-use plastic checkout bags, and retailers are encouraged to support this commitment by stopping the use of single-use plastic bags. Disposable plastic bags are a major source of pollution, harming wildlife and people, imposing cleanup costs, and contributing to climate change. Over 319 million plastic bags become waste each year in Cuyahoga County, and plastic bags can take up to 1,000 years to break down in a landfill, degrading into microplastics and leeching toxic chemicals.
Recycling is one part of the solution, but the primary need is to significantly reduce single-use plastic waste. Cuyahoga County joins many other communities and nations taking steps to curb plastic pollution, recognising that healthier communities lead to healthier local economies.
While Cuyahoga County is not issuing fines to stores, some large retailers have independently stopped using plastic checkout bags due to corporate commitments to environmental cleanliness.
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Ohio House of Representatives' bill to block single-use plastics bans
In 2019, the Ohio House of Representatives voted to pass a bill that would block bans on single-use plastic items, including bags, cups, straws, and other items. The bill, which passed by a vote of 57 to 35, was supported by Ohio retailers and other backers who claimed it promoted a "uniform business climate" in the state and protected consumer choice. However, opponents of the bill argued that it prevented local communities from addressing plastic pollution in Lake Erie and eroded local government control. The bill was sponsored by Rep. Don Jones, a Harrison County Republican.
The move by the Ohio House came after several local governments in the state, including Cuyahoga County and Orange Village, had imposed their own bans on single-use plastics to reduce environmental harm. Cuyahoga County's Disposable Bag Ban, passed in 2019, aimed to eliminate single-use plastic checkout bags, but it was preempted by the state's "ban on bans." As a result, Cuyahoga County is encouraging voluntary compliance and educating consumers about the negative impacts of disposable plastic bags.
The bill passed by the Ohio House of Representatives faced opposition from Governor Mike DeWine, a Republican, who called the move to block local bans "a serious mistake." Despite this, the bill advanced to the Ohio Senate, which was debating its own version of the measure. The previous year, the House had passed a similar bill, but the Senate did not act on it before the legislative session ended.
The Ohio Senate's version of the bill was still under discussion, and it remained to be seen whether it would be enacted into law. The bill's progression highlighted the ongoing debate between those seeking to reduce plastic pollution and those prioritizing business interests and consumer choice. The outcome would have significant implications for the state's environmental policies and local communities' ability to address plastic litter.
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Ohio Senate's state budget proposal to block cities from taxing plastic bags
Plastic bags are a major source of pollution in Ohio. Cuyahoga County alone disposes of more than 319 million plastic bags per year. In 2019, Cuyahoga County's Disposable Bag Ban was passed by the County Council. However, the State of Ohio preempted the ordinance with a "ban on bans".
In 2021, the Ohio Senate slid into its state budget proposal a provision to make permanent a temporary ban that blocks cities from taxing the use of plastic grocery bags. This was supported by powerful retail and plastics industry groups, including the Ohio Chamber of Commerce, the Ohio Manufacturers Association, and the Ohio Chemistry Technology Council. They argued that the patchwork of local bans creates a "logistical nightmare" and customer confusion, which may drive off business.
Sen. George Lang, R-West Chester Twp., sponsored the temporary ban on plastic bag taxes, calling it "pro-business" legislation that would provide "much-needed clarity for practicing commerce" in Ohio. Lang also argued that single-use plastic bags are safer during the COVID-19 pandemic, claiming that "it has been proven with empirical data that it is safer and better off for an individual to use a plastic bag" that is only used once and is less likely to transmit the coronavirus.
Opponents of the measure argue that it prevents local communities from seeking to reduce plastic litter. Several Ohio governments have moved to limit plastic bag use over the years. Cuyahoga County, for example, banned retailers from providing disposable plastic bags at checkout, allowing them to provide recyclable paper bags and sell reusable bags instead.
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Home Rule provision in the Ohio Constitution
In 2019, Cuyahoga County passed a disposable bag ban, but the State of Ohio preempted the ordinance with a "ban on bans", meaning that the county cannot enforce the ordinance. The Ohio House of Representatives has also passed a bill that would block bans on single-use plastic bags, cups, straws, and other items. This bill is currently being debated in the Ohio Senate.
The "Home Rule" provision in the Ohio Constitution gives municipalities the authority to exercise all powers of local self-government and to adopt and enforce within their limits such local police, sanitary, and other similar regulations, as are not in conflict with general laws. This means that municipalities can legally establish laws on matters of local self-government that may conflict with state laws as long as the state laws are not "general laws" or "laws of a general nature". The Ohio Supreme Court has stated that if the result of a law "affects only the municipality itself, with no extraterritorial effects, the subject is clearly within the power of local self-government and is a matter for the determination of the municipality".
The Home Rule provision in the Ohio Constitution was enacted in 1912 and is outlined in Sections 3 and 7 of the Constitution. Section 3 states that:
> Municipalities shall have authority to exercise all powers of local self-government and to adopt and enforce within their limits such local police, sanitary and other similar regulations, as are not in conflict with general laws.
Section 7 states that:
> Any municipality may frame and adopt or amend a charter for its government and may, subject to the provisions of section 3 of this article, exercise thereunder all powers of local self-government.
The Ohio Supreme Court applied a Home Rule analysis in 2015 when it ruled that municipalities could not regulate oil and gas drilling because a general statewide regulation had been enacted by the General Assembly of Ohio in 2004.
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Plastic bag alternatives
While Cuyahoga County, Ohio passed a Disposable Bag Ban in 2019, the state of Ohio preempted the ordinance with a "ban on bans." This means that while plastic bags are a major source of pollution, Ohio has blocked local communities from banning single-use plastic bags, cups, straws, and other items.
Despite this, there are still many plastic bag alternatives that can be used to reduce plastic waste. Here are some options:
Reusable Bags
One option is to use reusable bags made from materials such as cotton mesh or organic cotton. These bags are versatile, washable, and sturdy, making them a convenient alternative to plastic bags. They can be used for grocery shopping or to carry items when running errands. You can also upcycle old plastic bags by putting them in your car trunk and reusing them when you go shopping.
Biodegradable Bags
Biodegradable trash liners are another alternative to plastic bags. These bags are chemical-free and decompose within 3 to 6 months of use. They can be used in the same way as plastic trash liners, and when paired with zero-waste practices, can help reduce the amount of waste generated.
Stasher Bags
Stasher bags are reusable bags that come in different sizes and can be used to store leftovers, nuts, dried fruit, soups, and smoothies. They can be reused for years, providing a cheap and sustainable alternative to single-use plastic baggies.
Paper Bags
Regular paper lunch bags can also be used as an alternative to plastic bags. For items that need to be kept fresh, glass or stainless steel containers with lids, or Tupperware, can be used instead of plastic bags.
By choosing these sustainable alternatives, individuals can play a role in reducing plastic pollution and its harmful impact on the environment and human health.
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Frequently asked questions
No, plastic bags are not banned in Ohio. In fact, the Ohio House of Representatives passed a bill that would block bans on single-use plastic bags, cups, straws, and other items.
Cuyahoga County passed a Disposable Bag Ban in 2019, but the State of Ohio preempted the ordinance with a "ban on bans". Cuyahoga County is now seeking voluntary compliance from retailers and encouraging consumers to bring their own bags.
Plastic bag waste increases public maintenance and cleanup costs. Plastic bags can clog up storm drains and discharge into waterways, causing millions in damages. They can also take up to 1,000 years to break down in a landfill, but they never fully decompose, instead degrading into microplastics and leeching toxic chemicals.
