ISSUE # 56.... The Bag Tax: ANTi-Business & ANTi-Tourist

"The law of unintended consequences, often cited but rarely defined, is that actions of people - and especially of government - always have effects that are unanticipated or unintended.  Economists and other social scientists have heeded its power for centuries; for just as long, politicians and popular opinion have largely ignored it."    

            -- Rob Norton 

This single-subject Ant Byte is specifically focused on the well-intended but patently anti-business and anti-tourist policy proposed by city council to tax shopping bags (both paper and plastic) in Aspen.  It's a quick read, and I hope you'll respond with your thoughts and recommendations to council and the Aspen Chamber Resort Association (ACRA) using the link at the end.

B.Y.O.B.E. - BRING YOUR OWN BAG EVERYWHERE

Aspen's plastic bag tax idea is growing legs.  It seems that the city's environmental health department is now seriously looking into a local tax on paper and plastic bags, and working with other local municipalities on later implementing a valley-wide BAN ON ALL PLASTIC AND PAPER bags!  (The city department had only intended the tax at grocery and hardware stores, but council wanted to follow the valley-wide preference for taxing ALL usage.)  As locals, we've all gotten pretty good about bringing our own reusable bags when we deliberately grocery shop, but how often do you bring these same bags when you shop at the bookstore, the drugstore or the liquor store?  And that's not to mention that last minute stop for take-out Chinese! 

But there are certainly solutions.  For some.  The Aspen Daily News reports that Tripp Adams, a guy on the "Green Team" in Basalt, recommends carrying a "man bag" bunched up in your pocket.  "No one sees it until I need it," he says.  Okay....

THE LAW OF UNINTENDED CONSEQUENCES

Who is better at over-looking (ignoring?) unintended consequences than the city of Aspen?  Looking at this purely from an environmental perspective, you can see where Mick and the boys got the well-intended idea that taxing/banning bags could be "socially responsible."  But let's face it, retail outlets will ALWAYS provide their customers with bags.  Only now, they will be faced with paying a "bag tax" to the city for the privilege of doing so, or they will pass the fees along to their customers.  The practical ramifications are nothing short of ridiculous:

• ·         The bureaucracy will grow: think of how many city staffers it will take to "police" the retail community, counting bags and collecting fees
• ·         Retailers will have added accounting aggravations, not to mention the philosophical decision of whether or not to charge customers or incur the fee themselves
• ·         Ever seen how high a milk carton bounces? 
• ·         The city will get a new source of revenue
• ·         In the end, there will still be bags: people will just have to pay for them
• ·         Dog owners will now have to buy plastic bags specifically for dog poop

GOVERNMENT INTRUSION AD INFINITUM

It's about the bags, but then again it's not.  Look at the big picture: if the city of Aspen has the power and authority to impose bans and levy fees on a product or service of their choosing without a public vote, then what's to stop them from taxing goods deemed not financially accessible to "locals." They already tax our real estate purchases. Why not wine?  Down jackets?  Gasoline?   It could be anything.

The Aspen Times recently printed a letter to the editor from Basalt resident Jeffrey Evans (read it HERE) that echoes this exact issue.  He states, "It is nice to know that cities won't need to slash their budgets in the face of economic downturns given a vast source of revenue from fees which can be imposed without voter approval."  Evans goes on to contemplate whether sodium and sugar are next, albeit for "a different set of equally altruistic rationalizations."  And, "there is no practical difference between paper and plastic bags or any other product which consumes resources and landfill space, so a 'fee' on any product sold in non-recyclable packaging is an obvious and probably inevitable extension of our scenario."  Orwellian for sure, but this is Aspen and we've seen what these guys are capable of.

The Red Ant checked with Aspen's city attorneys who, in their hallmark manner, rudely responded to an official Colorado Open Records Act (CORA) request for "the charter provision (or other applicable law) whereby the city has the power and authority to impose bans and levy fees on a determined product or service of their choosing without a public vote." 

Here's attorney John Worcester's response: "The city attorney's office does not feel that it is appropriate to provide legal opinions to private individuals, particularly in a case such as this where it is unclear as to whether the city will proceed with a particular action."  WHAT?  A legal opinion?  Nobody wants Worcester's legal opinion, just the facts.  Just show me where it says the city can proceed down this path! Worcester did go on to quickly warn, "We would note that fees charged by a municipality have been upheld in Colorado."  Why so defensive, John?  Nobody is threatening litigation, just inquiring about where it says in our local laws that actions of this type are legal.  (Yep, you and I both pay the high six-figure salary of this dishonest buffoon!)

The "bag tax," while well-intended, is rife with problems and sets a dangerous precedent for future government over-reach.  We need to fight this.   

A BURDEN TO TOURISTS AND RETAILERS ALIKE

Even the draconian Aspen Area Community Plan (AACP) concedes that we are a tourism-based economy.  As such, isn't it anti-tourist to blindside our economic base by nickel-ing and dime-ing them at every turn with a bag tax?  Of course, some will just pay the fee. (What's their choice when they're checking out at the grocery store and the fee comes once the whole cart has been rung up?)  Others may argue, and the retailer will incur the cost.  But in both cases, we'll look like a bunch of jerks.  

This bag tax is both anti-business and anti-tourist.   ACRA President Debbie Braun tells The Red Ant that the organization will be immediately conducting a survey of its membership, similar to the survey they did in 2009 when the bag tax issue was previously discussed.  (In that survey, 56% of respondents felt that charging consumers for the use of plastic bags at grocery stores was okay, but at other retail establishments, only 36% supported the idea.  As for paper bags, just 45% supported a charge at grocery stores and only 25% did so at other retail.)  According to Braun, "I'd have to think it will be similar this time around." 

She went on to say, "Our greatest concern is a ban on bags in retail establishments.  Many of the retailers have said they would not charge/pass-through (the tax) to the consumer therefore it would appear to be an additional tax on them.  Furthermore, many of the retailers use the bags as 'walking' advertisements for their stores."

PICK YOUR ICK

You knew it was bound to happen.  One more unintended consequence of requiring the use of reusable shopping bags is that these are likely to "bring dangerous bacteria like E. coli in contact with your food."  This, according to J. Justin Wilson of the Center for Consumer Freedom in D.C. in a recent letter to the Aspen Times editor.  It seems that a new survey shows that "more than half of the people who do their grocery shopping with reusable bags have never washed them."  Unsafe levels of coliform and lead have also been found in these bags.   Wilson concludes, "What we're seeing are the unintended consequences of ill-thought-out government regulations.  Often when the government rushes to push through feel-good regulations designed to shape public behavior, they usually introduce new problems.  In this case, they might introduce new and potentially dangerous problems."  Ya think? 

LOCAL POLL

The Aspen Times has been conducting an online poll this week, inquiring of readers: "Should businesses in Aspen be forced to charge a fee for plastic or paper bags in order to promote the use of reusable bags?" At press time, the results were:

• ·         Yes                  28%
• ·         No                   68%
• ·         Not Sure           4%

WRITE COUNCIL AND ACRA NOW

Please send an email TODAY to city council (public_comment@ci.aspen.co.us) with a cc to ACRA (mmiller@aspenchamber.org) on this issue, with "Bag Tax" on the subject line.  Especially cite how such an ordinance would affect you and your business. 

And, a memo to SkiCo brass from The Red Ant:  It seems councilman (and SkiCo employee) Derek Johnson is a little confused as to what business he's in.  Stating his unequivocal support for the bag tax, Johnson quipped, "I like sending the statement.  It is who we are."  Who we are??  Who are you, Derek??  (Last I checked, Johnson is the retail manager for the largest tourism-driven company in the valley.)

THERE ARE THINGS THAT CAN WORK

The Red Ant prefers the carrot to the stick.  In a similar but unrelated action, this week the city's environmental health department provided free reusable coffee mugs to local coffee drinkers in an effort to raise awareness about the recycling challenges associated with the white paper cups used by most coffee shops.  I learned that most coffee cups are made with 100% virgin white paper vs recycled paper because the recycled material cannot withstand the high coffee temperatures.  Furthermore, the cups are coated with a thin plastic resin for insulation which prevents the cups from being recycled or composted. 

Thanks to the participating coffee shops who generously offered special pricing when filling the reusable mugs AND for the awareness. (It certainly made me think, and I will do my best to bring my reusable mug into town every morning!)

• ·         Café Ink
• ·         Peach's
• ·         Starbucks
• ·         Boden's Butter
• ·         The Aspen Corner Store
• ·         French Pastry Café
• ·         Parallel 15
• ·         Paradise Bakery