Tag: plastic straws

Preemption and Home Rule: Why Businesses Need Both

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Lately, the fight between Floridians promoting home rule and those advocating for statewide preemption has been as hot as the late-summer afternoons. Preemption is not a dirty word, and home rule should not be considered profane either. These concepts appear to be mutually exclusive and opposite, but there is space for both. Without diving headlong in Ecclesiastes or The Byrds’ most hummable tune, I posit to you that there is a time for both of these approaches. Businesses will flourish when there is a good balance between preemption and home rule.

The Case for Preemption

You will often find statewide business advocates appealing to our state legislators to enact a statewide preemption on a particular topic. Is it because we hate local government? No. It’s because we are an increasingly interconnected economy. Local businesses serve as the economic backbone of our communities. When it comes to doing business, the factors and variables impacting local businesses do not heed to the jurisdictional boundaries of 400+ cities and 67 counties. If the impact is felt across jurisdictional boundaries, then the policies we adopt need to cross those boundaries as well.

When the topic of preemption comes up, you will often hear concerns about the “patchwork of regulation.” This refers to several different localities adopting regulations to address the same issue but not in the same way. It’s not just a talking point. When companies operate across jurisdictional lines and those many jurisdictions regulate things like sustainability or human resources differently, I assure you the struggle is real. Consistent and predictable regulation makes a big difference as local businesses try to operate efficiently, effectively and responsibly.  And yes, profitably.

Breaking the law and flouting regulations is no business owner’s roadmap to meaningful and sustained success. Our members want to comply and be good corporate citizens. The patchwork can get in the way and excessive regulatory burdens can hinder a business from flourishing, growing, hiring more people, and living its best life. And “best life” doesn’t just mean profit for the owner: It means greater economic prosperity for a community and its citizens. In some circumstances, preemption lays the groundwork for consistent regulation and prosperity for all.

Why Home Rule Matters

But there is absolutely a time for home rule. Nothing so clearly demands and requires local direction as the issue of zoning. Local government should not tell us how to do business, but it certainly has the authority and responsibility to tell us where to do business. Whether designating commercial zones versus residential zones or deciding where manufacturing or agricultural activity should take place, these decisions shape communities. While a local government should not abuse its zoning authority as a front for regulatory overreach, the decisions about where particular activities take place within a community create the structure for communities. Citizens rely on these designations as they make important decisions about their homes and livelihood.

So here’s to preemption and home rule. May we work together to find ways to responsibly and effectively apply both of these necessary concepts.

 

Samantha Padgett is General Counsel of FRLA.

Be Flexible: An Alternative to Plastic Straw Bans

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Straws don’t suck… but littering does. Issues regarding improperly discarded plastic straws have many concerned about the potential impact on Florida’s waterways and environment. Florida’s incredible rivers, streams, beaches, flora, and fauna are some of the state’s greatest assets for residents and visitors alike, so it makes sense for those in the hospitality industry to be committed to ensuring our environment stays healthy. Many have chosen to be proactive in their local communities by participating in voluntary straw bans or request-only campaigns where the business doesn’t give a straw unless it’s requested by the customer.

 

The Challenge for Hospitality Businesses

Several local government entities across the state have chosen to adopt regulations, restrictions, and bans on plastic straws. As is often the case with local regulations, they have similar provisions, but few are exactly alike. This leaves businesses that operate in multiple locations to keep up with the intricacies of each regulation. The differences can be both confusing and burdensome for businesses to accommodate.

Every business should be free to serve its customers in the lawful manner in which it sees fit. Some companies decide that providing disposable items such as straws does not fit with their culture and identity. Others may take a different approach, and there is space for both in Florida.

Plastic straws are not, in and of themselves, evil. In fact, they serve very real and positive purposes. Straws provide necessary assistance to individuals with disabilities who may need them in order to consume their chosen beverage. Parents may choose straws to prevent in-car messes when feeding children on the go.

 

Be Flexible: An Alternative to Banning All Straws

So how do we strike a balance on straws? First, we must acknowledge that we each have a job as individuals to ensure the disposable items we use make it into the proper waste or recycling containers. No one believes a straw belongs on the ground or in the water, and proper disposal will help keep these items where they belong.

Second, an outright ban might not always be the answer for every customer. The hospitality industry, dedicated to the service of customers and guests, can use a two-pronged approach to meet the needs of all.

First, adopt a policy of request-only. Have plastic straws available but provide them only on request of the customer. This will significantly reduce the distribution of straws. Customers who need them will ask for them, and those who don’t need them won’t receive them automatically only to throw them away.

Second, allow for use of straws made of alternative materials. There is an increased availability of straws made by other materials such as paper, metal, bamboo, and even pasta. These are great alternatives, and many businesses may find that they serve their customers well. We should be mindful, though, that alternative materials may not be suitable for all beverages. Allow businesses to decide if these alternative materials will be satisfactory to customers, and encourage and allow for the use.

By working together and making proactive choices, the hospitality industry can lead the charge on reducing the use and improper disposal of plastic straws. Blanket bans on straws are not the answer.

This week’s blog is written by Samantha Padgett, General Counsel for FRLA. For more information on our Government Relations team, please click here. You can find information about FRLA’s 2019 legislative priorities, including straw bans, here.