News Summary
More than a dozen San Diego residents are suing the city, claiming a new trash fee is unconstitutional and violates Proposition 218. Led by attorney Michael Aguirre, plaintiffs argue the $43 charge exceeds service costs and misrepresents the financial implications of Measure B. With plans to raise fees incrementally, residents express concerns over the city’s budget practices. The lawsuit also seeks an injunction against the fee for single-family homes, with a preliminary hearing scheduled for October 10. The outcome could impact future municipal fee structures.
San Diego – More than a dozen residents of San Diego are suing the city, claiming that a newly imposed trash fee is unconstitutional. This lawsuit was announced during a demonstration held outside the 101 Ash Street government building. Residents assert that the fee not only exceeds the actual cost of service but also violates Proposition 218.
The lawsuit, led by attorney Michael Aguirre, points out that San Diego plans to charge an estimated $148 million for solid waste collection in the upcoming year. Plaintiffs characterize the new fee as merely a financial maneuver rather than a legitimate cost for services rendered, urging the city to adopt a more fiscally responsible approach. They question the financial reasoning behind this increase and advocate for addressing the underlying budgetary issues rather than compensating through raised fees.
Key plaintiffs in the case, such as Patty Ducey-Brooks and Mary Brown, argue that the fee should genuinely reflect the cost of service as mandated by the state constitution. They emphasize that the measure, known as Measure B, was passed by voters in 2022 under the premise that it would charge lower rates, between $23 and $29, than what residents are now facing. According to the lawsuit, this misrepresentation led voters to approve the measure without being aware of the higher costs to come.
In June, the city council voted to implement a $43 monthly trash fee, significantly increasing the rate compared to the earlier estimates. Plans are in place to add this fee to property tax bills to ensure that all payments are collected efficiently. Additionally, the new garbage rates are structured to increase incrementally, potentially reaching $57.55 per month for the largest waste bin by 2028. Residents are currently required to choose from three different trash bin options, priced at $32.82, $38.94, and $43.60 each month. Those who do not make a selection will automatically be assigned the highest-priced option.
The lawsuit also includes an initiative from a group of homeowners in the Talmadge neighborhood, seeking a preliminary injunction to stop the new fees for single-family homes while the case is pending. The preliminary hearing for the lawsuit is scheduled for October 10, 2025, where Judge James A. Mangione will review the arguments from both parties regarding the request for an injunction.
This legal action brings to light ongoing tensions regarding how the city manages its budget and the potential burden placed on residents through rising fees. As part of a broader strategy, the city plans to replace existing trash bins with new models starting in October, which will be part of the new service system. Financial assistance programs for low-income residents are also being considered, although funding for the programs will come from donations rather than the solid waste management fee revenue.
In summary, the lawsuit against the city of San Diego raises critical concerns about the legality of the trash fee increase, its alignment with Proposition 218, and the city’s financial transparency to its residents. As the case progresses, the outcome may shape the future of municipal fees and resident obligations concerning solid waste collection in the city.
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Additional Resources
- CBS 8: Homeowners Sue San Diego Over Trash Fee
- Wikipedia: Proposition 218
- NBC San Diego: Opposition to New Trash Fee
- Google Search: San Diego trash fee lawsuit
- 10 News: Homeowners Seek Injunction Against Trash Fee
- Google Scholar: San Diego trash fee
- San Diego Union-Tribune: Homeowners Challenge Trash Fee
- Encyclopedia Britannica: San Diego public services
- Fox 5 San Diego: New Trash Fee Structure
- Google News: San Diego municipal fees
Author: STAFF HERE SAN DIEGO WRITER
SAN DIEGO STAFF WRITER The SAN DIEGO STAFF WRITER represents the experienced team at HERESanDiego.com, your go-to source for actionable local news and information in San Diego, San Diego County, and beyond. Specializing in "news you can use," we cover essential topics like product reviews for personal and business needs, local business directories, politics, real estate trends, neighborhood insights, and state news affecting the area—with deep expertise drawn from years of dedicated reporting and strong community input, including local press releases and business updates. We deliver top reporting on high-value events such as Comic-Con International, San Diego County Fair, and San Diego Pride Festival. Our coverage extends to key organizations like the San Diego Regional Chamber of Commerce and United Way of San Diego County, plus leading businesses in biotechnology, healthcare, and technology that power the local economy such as Qualcomm, Illumina, and Scripps Health. As part of the broader HERE network, including HEREAnaheim.com, HEREBeverlyHills.com, HERECostaMesa.com, HERECoronado.com, HEREHollywood.com, HEREHuntingtonBeach.com, HERELongBeach.com, HERELosAngeles.com, HEREMissionViejo.com, and HERESantaAna.com, we provide comprehensive, credible insights into California's dynamic landscape.
