The Texas Supreme Court should grant review to this case, and affirm the Fourth Court of Appeals’ Opinion in order to encourage Texas courts to strike down city ordinances that conflict with Texas law. State law prohibits restrictions on the use of containers or packages. Nevertheless, cities throughout Texas are directly contradicting state law through ordinances that prohibit retailers from providing customers with single-use plastic bags, Laredo’s ordinance is a representative example. Local governments are defined and checked by the state– cities cannot regulate in areas where the Legislature has expressly and definitively removed city authority. The rule of law requires courts to enforce objective, blackletter restrictions against local governments when they exceed their scope of authority. Accordingly, the Court should grant review to encourage lower courts to strike down these misguided city ordinances.
Matthew Bernard and Lynn Warner v. City of Oakland, California
Date Filed: June 29, 2026 Original Court: Northern District of California Case Status: Pending Matthew Bernard and Lynn Warner own an undeveloped residential plot in Oakland, California. In 2020, the Oakland Fire Department ordered them to clear dead and dying trees from their land or face ongoing fines. The landowners hired an arborist and removed...