Ruling could bring return of ‘can ban’ to New Braunfels

Tubers planning to tote cans and coolers on the Guadalupe and Comal rivers in New Braunfels might soon have to leave them at home, after an appellate court ruling that could bring back a city ban on such items.

The issue has been held up in the courts since a district judge ruled in 2014 that a 2011 voter-approved law banning disposable containers and large coolers on the rivers is unconstitutional. While the city appealed that ruling, tubers enjoying the river were once again free to bring their drinks and coolers.

Then in a 29-page judgment issued last week, Texas 3rd Court of Appeals Justice Bob Pemberton wrote that the district judge in a lower court lacked jurisdiction over the matter. That appeals court ruling paves the way for New Braunfels to reinstate its so-called “can ban,” which was created to reduce littering on the rivers.

Jim Ewbank, who represents Rockin’ R River Rides and Texas Tubes, among other outfitters, said his clients intend to file a motion for rehearing by June 2 and, if necessary, file an appeal to the Texas Supreme Court.

“We believe the Court of Appeals incorrectly ignored 100plus years of good Texas law that allowed these sort of challenges when a business suffers directly from enforcement or even threatened enforcement of an unconstitutional city ordinance,” Ewbank said in an emailed statement. “The evidence was clear that the outfitters lost huge sums of moneys directly related to the Can Ban.”

The ban can’t be enforced until the appellate court issues a mandate by July 28 or sooner. Mayor

James Hernandez (left) and Richard MacDonald of San Antonio head through the New Braunfels tube shoot as they float down the Comal River on Tuesday. An appellate court ruling could pave the way for New Braunfels to reinstate its “can ban” on the Comal...

PHOTOS BY TOM MCCARTHY JR. / FOR AMERICAN-STATESMAN Hernandez (left) and MacDonald float down the Comal River on Tuesday. Outfitters reacted strongly to an appeals court ruling paving the way to reinstate New Braunfels’ ban on cans and large coolers on city rivers.