Civil rights group urges Alabama ban on criminal arrests for unpaid trash bills

A civil rights group is continuing to bring legal challenges against municipalities and counties that file criminal charges against residents with unpaid garbage bills, but wants state lawmakers to ban the practice.

Rep. Tim Wadsworth, R-Arley, introduced HB 512, during the legislative session last spring that would have prevented local governments from bringing misdemeanor charges against people with outstanding solid waste fees.

“We want legislation preventing cities, localities, and the state from arresting folks for nonpayment of trash fees,” said Ellen Degnan, senior staff attorney with the SPLC, in an interview Tuesday. “Right now, there is a state law that makes it a misdemeanor to fail to pay trash fees but does not actually permit counties and municipalities to prosecute those cases. And furthermore, the Alabama Constitution does not permit the use of the criminal system to go after civil debt.”

SPLC last Friday sent a letter to Winston County officials demanding they drop  70 active criminal cases tied to unpaid solid waste fees; repay fines and fees owed in the cases and stop pursuing criminal charges in the matter.

Multiple messages were sent to the Winston County Commission and the county attorney on Tuesday and Wednesday. A message was sent to Wadsworth on Wednesday seeking comment. Wadsworth’s district includes Winston County.

The SPLC letter included images of notifications sent by the Winston County Sanitation Department to residents with outstanding bills of over $1,000. The notices said that the county commission is “requesting an arrest warrant be issued for delinquent accounts,” and gave individuals 10 days from the date of the notice to contact the department for payment.

SPLC has targeted other municipalities engaged in the practice.

Degnan said SPLC has received some positive responses from the demand letters. The district attorney in Valley agreed to stop prosecuting people for their unpaid solid waste fees. Chickasaw placed a moratorium on additional prosecutions.

SPLC has yet to receive a response from officials in Fayette or Winston County, Degnan said. However, SPLC representatives believe it is an ongoing problem in the state, and they want a definitive answer from the Legislature to permanently ban the practice.

“What we need at the state level is clarity that these policies are illegal and unacceptable in Alabama.” Degnan said. “That is what we are hoping the Legislature takes up this session.”

Wadsworth’s legislation was sent to the House County and Municipal Government Committee, but never came up for a vote last spring. The Legislature did approve SB 32, sponsored by Sen. Wes Kitchens, R-Arab, that established an exemption for veterans who lived below the poverty line and whose sole income source is from veteran’s benefits regarding solid waste fees.

“We were trying to add that with the Military Stability Commission, the package of bills we do, trying to make sure we are one of the most military friendly states,” Kitchens said in an interview Wednesday. “Really, just as a way to support our veteran’s community too.”

Kitchens said he is open to expanding the exemption to include others but with caveats.

“There was a lot of concern about who was going to cover that cost because it still is a cost,” Kitchens said. “Is that passed on to all the other residents who are paying? Does the county, the city, the local governing body that is over the solid waste? All of these are conversations that got brought up.”