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Lawsuit claims Seattle's food waste law trashes privacy

SEATTLE — A legal group filed a lawsuit Thursday against an ordinance that bans people who live in Seattle from throwing food and compostable items in the trash.

Quick Facts:

  • Group says law that took effect Jan. 1 violates privacy
  • Garbage collectors required to monitor trash cans for food waste
  • Lawyers says program calls for "massive and persistent snooping"
  • Lawsuit seeks to void ordinance

Pacific Legal Foundation is challenging the law on behalf of eight Seattle residents on the grounds that it violates privacy protections by requiring garbage collectors to look through people's garbage as part of a new ban on throwing food and food waste into the trash.

The suit seeks a permanent injunction and a declaration that the law is void and unenforceable.

Under the law, which took effect on Jan. 1, garbage collectors are required to visually monitor the contents of garbage cans and report owners to Seattle Public Utilities if more than 10 percent of a can's contents contain recyclables or food waste.

The law applies to single-family homes, apartments and commercial properties.

Currently, violators are issued tags reminding them of the law, but at some point, a small fine will be imposed on residents. Owners of multi-family and commercial properties will be hit with a $50 fine.

"In short, this program calls for massive and persistent snooping on the people of Seattle," said said Brian Hodges, who is managing attorney with PLF's Pacific Northwest Center in Bellevue. "This is not just objectionable as a matter of policy, it is a flagrant assault on people's constitutional rights."

Hodges called the brightly colored warning tags informing people about violations “shame tags” to publicly embarrass residents.

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