Santa Barbara has become the latest city to crack down on plastic straws, enacting what is likely the most severe prohibition in the country. The law authorizes hefty fines and jail sentences for violators.
On Tuesday, the Santa Barbara City Council unanimously passed a bill that prohibits restaurants, bars, and other food service businesses from handing out plastic straws to their customers. Plastic stirrers and utensils could still be legally provided, but only if customers request them.
That a municipality would ban plastic straws is sadly unsurprising in the year 2018, when seemingly every city, celebrity, corporation, and cute kid with a nonprofit wants to eliminate the little suckers from polite society. Yet Santa Barbara’s ban is notably rigid and punitive.
When Seattle became the first major city in the United States to ban plastic straws in September 2017, it carved out an exemption for compostable plastic straws and made any violation an infraction punishable by a $250 fine. Santa Barbara, by contrast, has banned even compostable straws, permitting only drinking tubes made from nonplastic materials such as paper, metal, or bamboo. The city also has made any violation of its straw prohibition both an administrative infraction carrying a $100 fine and a misdemeanor, punishable by a maximum fine of $1,000 and up to six months in jail. Each contraband straw or unsolicited plastic stirrer counts as a separate violation, so fines and jail time could stack up quickly.
Unlike other enacted or proposed straw bans, Santa Barbara’s does not include an automatic exemption for the disabled, who often lack the ability to bring cup to lip. Restaurant owners can request an exemption based on medical necessity, but granting one is at the city’s discretion.
It may seem unlikely that Santa Barbara will start imposing the maximum penalties for scofflaw straw suppliers, but city officials are not ruling it out. Assistant City Attorney Scott Vincent tells me criminal charges would be pursued only after repeat violations and if there were aggravating circumstances.
Supporters of the ban paid little attention to its punitive aspects. Outside the city council meeting where the ordinance was passed, an environmental activist spoke of the benefits that would accrue to the children. Inside city hall, actual children urged city council members to save the oceans by criminalizing straws, while the adults in the room applauded.
I have written at length about the dubious environmental benefits of banning straws, which make up a tiny fraction of plastic waste. In pursuit of those dubious benefits, straw opponents in Santa Barbara and beyond are willing to make more of their fellow citizens into criminals for victimless offenses.
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