Judge rules in favor of Pickett in franchise fee lawsuit, City of El Paso appealing
Update: The City of El Paso just announced that it is appealing the ruling on the Environmental Franchise Fee.
"The City will be asking the 8th Court of Appeals to review the outcome of the 384th District Court’s recent ruling," a city spokesperson explained.
The spokesperson adds that the city is optimistic the court will uphold the city's fee.
"As a home rule city, El Paso has historically implemented franchise fees to address the wear and tear caused by utility on our streets," the spokesperson explained. "Studies have demonstrated that large vehicles, such as those used by our Environmental Services Department for garbage collection, inflict significant damage to roadways."
EL PASO, Texas (KVIA) -- The Honorable Patrick Garcia of the 384th Judicial District ruled in favor of former state and city representative Joe Pickett in his legal battle with the City of El Paso over a franchise fee on El Pasoans' water bills.
"Based on the evidence presented by a preponderance of the evidence, the franchise fee is unconstitutional and should be discontinued," Garcia wrote in his findings of fact and conclusions of law.
He added, "the franchise fee constitutes an impermissible tax, is an unconstitutional taking, and/or is not authorized by law The ordinance is invalid as written and has not been followed by [the] defendant."
This ruling follows a legal battle between Pickett and the city dating back to October 2020 after he did not receive a response to his questions from city officials earlier that year.
Pickett said he was "elated" with the outcome, but expects the city to appeal the decision.
"It's been four years of my life, my time, my expense on behalf of everybody in El Paso. A lot of people don't realize that this suit means $6 a month to me," Pickett added. "This is not a personal injury. This isn't an accident case. I don't get $1 million. I don't get ten, I don't get anything that anybody else doesn't get out of this."
ABC-7 reached out to the City of El Paso for comment, but has not yet received a response.
