Legal Question in Business Law in California

We own a trash and concrete washout company. There are cities here in Southern California that say we cannot take our temporary trash bins or concrete washouts within in their cities. There are a few that have told us we can't because of other trash companies. Are these cities allowed to restrict us from taking our bins or washouts within in their city limits?


Asked on 1/25/13, 2:50 pm

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

They will as long as you let them. They can't stop a company from doing business in their city, as long as you get proper license and permits. They don't have to, and can't, grant you city contracts to haul trash in competition with their existing hauler contracts, but can't stop you from private enterprise. With all that said, you will have a fight on your hands from the existing haulers pressuring the city, etc., and the corrupt politicians getting contract kickbacks from a corrupt industry. If you are willing to stand up for yourself and fight the fight, feel free to contact me to discuss the reality of the fight and the costs it will incur.

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Answered on 1/25/13, 3:03 pm
Charles Perry Law Offices of Charles R. Perry

It's not quite clear what you meant by this question. When I first read it, I thought that the cities were prohibiting you from traveling through them in order to get somewhere else -- which they probably cannot do. Mr. Nelson read it another way, and I agree with what he says: the cities also cannot stop you from private enterprise, provided you comply with their regulations and get proper permits.

It's hard to say how hard the cities will fight this. Some may fight hard, others may cave. You may be in a position where City A has taken this action and you didn't resist, City B then finds out about it, and then City B does the same thing as City A.

You definitely need to speak to a lawyer about this and think through your goals and the risks of the fight. As Mr. Nelson suggests, it could easily be expensive. If I can help, do not hesitate to let me know. You may actually want or need a small team of lawyers to help you "fight City Hall."

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Answered on 1/26/13, 12:56 am
Keith E. Cooper Keith E. Cooper, Esq.

What the other posters have written makes sense. From your question, however, I would guess you have already approached the city about getting permits and they have refused. You should ask why and, if it is because of their contracts with other haulers, ask to see those contracts. (Public contracts should be public information and in some places are available online.) It may be that the permit office is (mis)interpreting the contracts to mean that any haulers working in their city are in competition with the city haulers. If this means a lot of business for you, it would be well worth your consulting with an attorney.

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Answered on 1/30/13, 2:04 pm


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