Judge delays decission on “Stupid Ordinances”
River rules hearing delayed
About 50 people crowded into a small courtroom on the third floor of the Comal County Courthouse Thursday morning for a hearing in the 207th District Court presided over by Visiting Judge Ron Carr, in place of District Judge Charles Ramsay who recused himself in April.
During the hearing, the city’s attorney Bradford Bullock said to Carr that people are “trying to have you say New Braunfels is passing ‘stupid’ ordinances like the 16-quart cooler ordinance.
“Well, the city can pass ‘stupid’ ordinances and if people don’t like it, they can vote the (city council) out,” Bullock said. “Your honor, you, or the courts, cannot replace that rule.”
David Earl, representing STOP, responded by saying “Good, decent people have the right to be treated fairly.”
“The city is saying a 48-quart cooler is like a bazooka,” Earl said. “The city can pass ‘stupid’ ordinances, but not if they’re illegal. I’m pleading for justice.”
The public hearing was meant to determine if the members of STOP have standing, or a personal stake in the case. However, the lack of a decision upset some in attendance.
“This (the lawsuit) is the biggest farce I’ve ever seen,” said Bill Shanahan of New Braunfels. “If things aren’t broken, I say don’t fix it — and don’t be screwing it all up for the small businesses.”
Shanahan, a retired ironworker who has lived in the city since 1959, said he attended the hearing because he was a concerned citizen and nothing else.
“If people are misbehaving (on the river) put them in jail, otherwise leave the rest alone,” he said. “This doesn’t make sense. Outsiders are laughing at us. That ain’t right.”
The 90-minute hearing was held without the use of microphones, and many leaned forward and listened intently as Carr said he would need time to review reports and evidence handed over by both sets of attorneys in the lawsuit.
Carr said he would rule on the issue at 1 p.m. on June 29.
The lawsuit — aimed at throwing out the city’s river ordinances regulating cooler size and other rules on the Guadalupe and Comal rivers in New Braunfels — originally was filed with the Comal County District Court on April 5.
However, several amendments, including one to eliminate the $1.25 per person river management fee levied on outfitters by the city, and other delays kept pushing the issue further back on the court’s docket, officials said.
STOP is seeking an injunction against the city alleging a violation of the Texas Alcoholic Beverage Code, according to court papers. Members of the lawsuit include: Rockin “R” River Rides, Texas Tubes, Corner Tubes, Gruene Home Run Batting Cage & Tubing, Stone Randall Williams and Lindsay Michelle Crim.
“With one side arguing (legal) minutiae and the other side fighting for the rights of Texans, it did go as expected,” Williams said. “The letter of the law is an interesting animal, but I believe the judge feels we have shown standing.”
Following the attorneys’ verbal jousting session, and the judges decision, representatives on both sides were legally accosted by various print, radio and television media crews waiting in the hallways and outside the courthouse.
“We really enjoyed the opportunity to present our case in court,” attorney Mick McKamie said. “We feel confident that Judge Carr will rule in our favor, and higher courts will, too.”
While the two sides plan to regroup ahead of a possible decision June 29, STOP attorney Scott Tschirhart said he is “still hopeful that ongoing settlement negotiations with the city may be concluded ahead of the judge’s ruling.”