The Colorado Supreme Court heard arguments Wednesday about the City of Aspen’s fee on disposable grocery bags.
The case deals with a city ordinance that requires shoppers to pay 20 cents to use paper bags supplied by local grocery stores.
The nonprofit group “Colorado Union of Taxpayers” contends that the feeis actually a tax and, under Colorado’s Taxpayers Bill of Rights (TABOR) laws, should have gone to a vote.
Aspen assistant city attorney Andrea Bryan defended the charge. She said, because it’s not intended to generate revenue for the city, it’s not a tax.
“Aspen’s paper bag fee, under this court’s precedent, has all the characteristics of a TABOR-exempt fee,” she argued.
Bryan said the funds collected are used for specific waste-reduction services.
Both the Colorado Court of Appeals and a 9th Judicial District judge previously agreed with the City of Aspen.
The state’s highest court does not have a set timeframe to make a ruling.
