Seattle's Trash Nannying Violates Privacy Rights, Lawsuit Argues
Want to see what's in there? Get a warrant.


Seattle took urban waste management to absurd levels at the start of the year by ordering citizens to reduce the amount of food waste they toss in their regular trash, or else they faced fines. Instead they are supposed to toss food in their yard waste bins so it could be composted.
In order to make sure residents were complying, the city ordered garbage collectors to inspect citizens' garbage to make sure that no more that no more than 10 percent of a regular garbage bag had food in it.
Hold your horses, says the Pacific Legal Foundation. Government can't just go pawing through people's trash without a warrant or due process. They've filed a suit to try to halt the program. From the Seattle Times:
The 15-page legal complaint said the ordinance and the enforcement policies provide no clear way for a garbage collector to determine what 10 percent of a trash container is, and that different collectors have different methods of carrying out the requirements.
Plaintiffs say that in addition to the violation of privacy, the ordinance is a violation of residents' rights to due process because it does not provide a clear way for a resident to appeal an alleged violation.
"The law makes garbage collectors the judges and the juries," said Brian Hodges, Pacific Legal Foundation's principal attorney.
Seattle is known for jumping on board any progressive vision that comes bouncing along, but that culture just makes the idea that there needed to be citation-based enforcement of food disposal all the more absurd. The story notes that public response to shifting food waste into the green bin has been so successful that the mayor is going to suspend the fine system anyway. The city didn't need to regulate where its citizens dumped their food with threats of inspections and citations. It just needed to ask them.
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Good fucking God. Really?
I have a private trash service handle our garbage. Of course, I live on a private drive, so, I'm, like, Koch Brothers away from Seattle anyway.
People really have to live like that? Icky..
"Have to" is a strong word. I personally don't care and haven't done anything in the face of this law.
Of course, I rent...so my big fear was that fines slapped willy-nilly on apartment buildings (which of course can't micromanage what all of their tenents put in the trash) would simply translate into higher rent as the price of the fines was priced into houseing, but I guess that's somewhat alleviated by the suspension of the fines.
NYC is in the process of "encouraging" us to participate in this sham too. Right now it's only for single houses and flats but I live in a big apartment building and this is my fear too. No way is the city going pass up any opportunity to fine us, either.
It's also spreading north. I've had the pleasure of being told that as of Tuesday, my building is also going to require composting.
We have a garbage chute and communal dumpster. How the hell do they plan to enforce it, I have no idea.
I remember we had a garbage strike a couple years back in the hottest, most disgusting part of summer.
Making people maintain bins of rotting food waste is going to be olfactory deva vu every summer.
We had a walk out (sympathy strike) two years ago. In addition to the Bart Strike.
The foul odor that wafted over the City of Fremont during that time was like a blanket - a rotting corpse of a blanket.
Minneapolis is going to do it.
I would say something about how happy I am to have escaped there, but I left for Seattle, so 😛
Privacy rights only apply to the contents of a woman's uterus.
^^THIS
/prog
^^ THIS.
A proggie acquaintance of mine was whining about how sugar must be regulated because obesity epidemic, and I asked them if "my body, my choice" applies only to abortion.
I was met with a serious emotional outburst in return and complaints about how my argument was a false equivalence.
Did you ask them how exactly "sugar" as the culprit? Why aren't TV's? Cellphones? Washing machines? Cars?
Because, if your progtard friend got off her lazy ass, once in a while, and burned those sugar calories
It's almost like you guys think privacy rights were first mentioned in Roe.
Where else but Roe does the left regard privacy rights as an ubreakable principle?
Griswold
Where else outside if the realm of human reproduction does the left recognize privacy rights as an unbreakable principle?
I don't think Lawrence was about reproductive acts.
Regardless, you clearly wanted to make an easy swipe at abortion, and the reason it was easy is that it was lazy and wrong.
I don't remember that in any of those movies.
So your evidence is a concession of the point. O...k.
As I understand it, the privacy right identified before Roe was that the government could not collect evidence without a warrant. State governments could, and did, criminalize actions between consenting individuals for whatever reasons their constitutions allowed, until the 14A was passed and incorporated the BoR against the states. So they could criminalize abortion or sodomy or any of a number of other behaviors, as long as in prosecuting them they did not violate anyone's privacy when gathering evidence.
The unique finding of Roe was that some actions were inherently private by their very nature and were not subject to government scrutiny at all. As a libertarian, I find this result on its face most excellent. Drug sales, gun sales, prostitution; all sorts of private transactions are now protected from government scrutiny! Except that was not the case. While it has seen some broader application, to contraceptives and sodomy, the finding of Roe is pretty nakedly results-based due to its limited application.
Nope. See Griswold.
Griswold came first, and so should replace Roe in what I wrote, but it doesn't change my point. It has seen very limited application.
It has seen limited application, but I don't know that the idea that the originating decision was results-based holds up.
I will eat my words if it gets applied to so much as prostitution, although I really won't be satisfied until it gets applied outside of sex-related issues.
It's almost like progressives think thatRoe is the only place privacy rights have ever been mentioned.
Is it? Not in my experience.
Maybe it's cause there's a democrat in the white house?
I might talk to the wrong types of progressives.
There outta be a law!
Seattle's government is doing its best to ensure that nobody misses them once that big earthquake takes 'em out, huh.
PS I thought "trash" was "not confidential" since the "owner" was willingly "throwing it away"....but, y'know, any victory for liberty is a good one, and I ain't no lawyer so.....
I get the argument about due process.
Whatever.
IANAL, but I'm pretty sure you're right about cops being able to go through trash cans at the curb - you've abandoned the property. I don't think they can legally check your trash cans if they're up near the garage or behind the house or whatever. "Due process" is a funny animal (substantive vs. procedural) but it seems like having no regular process at all for determining the 10% or appealing a citation is a problem.
Yeah, I totally get "due process". The whole "privacy" thing....
Well, like it matters - EDWARD SNOWDEN, NSA, - "privacy" = gone girl - amirite?
I wondered about this too.
It's still someone's property no? Maybe by putting it at the curb, it becomes the garbage collector's property. Or maybe it's your property until it's in the garbage man's truck. I just can't imagine a scenario where your trash literally becomes part of "the commons" that the government swoop in and do with what they will.
If the can were leaking noxious fumes, would they not treat it as your property and therefore your responsibility? If you had a restraining order against your stalker and he was caught going through your trash, would it be treated as though he weren't violating your privacy? If you complained to the police that your neighbor thumbs through your garbage every day, would they have no charges in existence to apply on this guy? So why would it be different for a cop? There's just no way to rationally and consistently application of this "no man's land" principle.
Waaaaaaay too much thought on the subject, bruh. But props for the effort.
tl;dr
The soft science of property rights is thought heavy.
It either belongs to the disposer or the collector, depending on timing.
You should already know by now, it's the principle of FYTW.
Well, we're kind of unwillingly "throwing it away" and being forced to categorize.
I willingly throw away my food waste down the disposal, which we're not supposed to use. Because composting.
My house doesn't have any air conditioning. I'm not going to to my driveway every time I want to scrape a plate off, so that means staging in the house. When the bin is sitting in my breakfast nook and the temperature hits 86, the whole house smells like the transfer station.
Even if I did take it out to the driveway, see my comment below, now my entire front driveway (or wherever I would keep the 50 gallon bin of rotting meat, fish and vegetables) would smell like the transfer station.
The good news, I smell all my neighbors' 50 gallon bins whenever the wind blows from the south. It's awesome.
It'll make the whole city smell like the 3rd world, which will help the beneficiaries of Sharia-compliant lending feel right at home. So there's that, at least...
*golf clap*
Even if I did take it out to the driveway, see my comment below, now my entire front driveway (or wherever I would keep the 50 gallon bin of rotting meat, fish and vegetables) would smell like the transfer station.
This is the lunacy of it all. Regular backyard compost doesn't smell disgusting, it's a biological system that breaks down the food scraps. But no, they can't promote backyard composting. They're gonna force you to toss your rancid food into what amounts to a glorified solar oven for a week until they pick it up. Can you say rats?
And the City of Seattle is smart enough to know who does the throwing away? Once those bins are out for pick-up, they are on the public curb and anyone can (and do) dump.
Seems like, unless the City of Seattle goes all Big Brother, a homeowner can appeal with - "hey, that wasn't me "
Even if that Indian socialist b**** Kshama Sawant dumpster dives to eat trash bag contents, I can never ever support this.
I might support this if the bitch did the diving herself. But no, she outsourced it.
She can't get her commie paws dirty
that no more that no more - to times. It's obliviously a topographical era.
It's a doggy dog world out there. I think Scott did it, for all intensive porpoises, pacifically to sea if weir checking. Sounds like this flustrated Brian.
"flustrated"
I rather like that one.
Typo complaints go in the yellow bin.
BOOM!
goes the dynamite!
Shackford - 1 Commentariat - 0
God damn, Scott. That was on-target. Did you have it chambered and ready to go, or was it off the hip?
To suck up some more, this is one of the reasons why I like this comment section. Authors are willing to go in, argue, or make jokes. And usually do so with humor and grace. Tip of a toque to you.
That's why they pay him the big bucks.
He gets big bucks? Really?
Hey, Scott, I never noticed before what an attractive fellow you are! Meeeeeeeow!
Stop towing the lion.
In order to make sure residents were complying, the city ordered to garbage collectors to inspect citizens' garbage to make sure that no more that no more than 10 percent of a regular garbage bag had food in it.
I'm really not a pedantic type of person. But really, Reason? WTF, can't you grab some homeless person off the street and give them a few beers and a hot meal to proof read this shit?
"I am really not a pedantic type of person BUT..."
I see.
Actually, the SCOTUS ruled decades ago that trash in the trash can has no expectation of privacy.
Their rulings were actually a bit more nuanced than that, and a state or municipality is free to enact more stringent standards to protect privacy in a realm like a person's trash.
Uh huh. How long before the city is overrun with flies? I guess they could fine people for not keeping it screened in.
I seem to remember a story a while back, like a year ago maybe, where NYC was going to order all of the city residents to put anything that could be mulch into a special mulch container and that the city would then use it in parks, etc.
And I'm thinking, what happens the first time some really funny person decides to always stuff their mulch container full of thistle seeds?
Central planners are dumber than shit. That is all.
Yes, they certainly are dumber than shit.
I also never occurs to them that one of the reason that third world shitholes are disease ridden is because they don't have proper disposal or containment of waste, thus high fly populations.
Having lots of flies around isn't just a nuisance, it is life threatening.
It just needed to ask them.
Jesus Christ, Shakleford! Did you just fall off the turnip truck?
The idea behind fines is never compliance, it's fucking revenue!
And they are counting on your non-compliance to get it. What do people think the idea behind traffic light cameras is, to increase public safety?
Or however you spell your name!
While that's typically true, they are suspending the implementation of the fines. However, I suspect that's because the city government predicted that public opinion would turn against them very sharply if they actually started fining significant numbers of people...best to just throw up a big "Mission Accomplished" and move on.
The garbage company was probably charging an inspection fee, that the city was gonna pay out of all them sweet-ass fines...
/D'oh!
In Philly, the mayor actually opposed a plan to allow people to pay parking fees via smartphone, explicitly saying that it would make it too easy to pay the fee, so fewer people would get ticketed.
Mask is off.
Is this ordinance somehow aimed at Epi?
All of the ordinances in Seattle are aimed at Epi. They must purge the city of that one last pesky glibertarian. Else, the utopia cannot arrive.
Do you see any reference to hookers in there?
Epi already had to put them in the green bin.
/No Cyril! When they're dead they're just hookers!
I can see how you would think that. It's a common misconception that Epi smells like rotting garbage because he sleeps in a trash can. The reality is that he has a home, but its basically full of trash. But since this law only applies to outside receptacles, it is not a stealth measure to evict Epi.
If Epi is essentially self-composting, then he'll be more than welcome at city hall.
The Government really does ruin everything, doesn't it?
They try really hard, you have to give them credit.
Racoons. EOM
It's ridiculous that residents are supposed to know how to separate food waste, yard waste, regular trash, cardboard, paper, plastic, etc.
Proper determination and handling should be done by professionals at the recycling center. Think of the JOBS!
Nah, they're saving us money by using free labor. Isn't that considerate of them?
Perhaps they'll save us even more money by letting *us* selectively enforce the laws?
OT: On the off-chance that you just got back from your Mars vacation and missed it: Bloom County returns
http://tinyurl.com/onhzhbj
And so far at least, it has been quite good. Opus discovering google by putting in "suds, nuns' was quite funny.
I'm hoping it stays that way. I just hope that if the old magic just isn't there Breathed will have the good sense not to push it. Some things are best let go of gracefully/
I think he still has it. He seems to really understand his characters and respect them.
You want to pick thru my trash? Fine, provide the trash service for free.
Back in the 90s when the "Military Industrial Complex" hyperbole was still around, I was watching CNN with my Dad and some analyst was explaining how our large military was the biggest threat to our liberty. I voiced a little support for this notion.
My dad, who worked for a military contractor turned to me and basically said, "The military ain't nothing. When your liberties are gone, it will be because of the EPA. They hold power over the land and sea and can regulate anything you might do to it. Its charter and staff are all dedicated to reducing what you as a human are allowed to do in that environment. One day when you look back at where your constitutionally protected rights went, there will be a long line of EPA regulations on that path."
+1 coal industry
You dad was a smart man. Even if the military took over, they would have no reason to give a shit about 90% of your life. The EPA in contrast wants to control it all.
Gov - "That's a wetland!"
Girl - "Looks like a sprinkler."
Gov - "Better let the experts at the EPA figure that out."
Back when the evil BOOOSH was in office, one of my favorite indoor outdoor sports was to ask Progs if what they would think if the federal government in the name of stopping terrorism started inspecting the contents of everyone's trash and fining anyone who had what they considered objectionable trash. They would always of course express outrage. Then I would ask them, then why do you support the government doing it in the name of recycling?
They never had a good answer.
"Well...well...Bush IS Trash! Schling!"
/prog
Seattle took urban waste management to absurd levels at the start of the year by ordering citizens to reduce the amount of food waste they toss in their regular trash, or else they faced fines.
Ooooh! Oooh! I have an opinion on this!
So now that they search your garbage and composting is not just a human right, but a human legal requirement, imagine how my neighborhood smells when the temperature creeps above 70 and everyone to the south of me has 50 gallon bins full of rotting meat, fish and vegetables?
Ask me how it fucking smells! Ask me! Go ahead, ask me!
How does it smell?
/runs away
Anyway, the trash stuff seems like small, composted potatoes next to stopping this push for rent control. I have absolutely no idea what degenerating brain disease the people of this city have contracted to make them look at the availablity and affordability of housing in the likes of New York and say, "We've gotta import ourselves some of that!"
Rent controls isn't about rent. It's about getting undesirables out.
I don't get it. Every halfway learned gardener knows you're not supposed to compost meat. Are they mixing produce waste with meat?
Are people actually sorting the scrapings off their plate? Have we really fallen this far? Clearing the dishes is now a 12 station assembly line of food separation?
Some people seem to think they're obliged to follow every law no matter how egregious or immoral, so...
*I* wouldn't, but then I don't do a lot of things I'm "supposed" to do.
I hear what you're saying if we're talking about the technical points of "composting".
However, Seattle says that "food waste" must be put into the composting bin.
The gnawed-bone of my rare T-Bone is... food waste. So according to the law, it's going in the bin. What Seattle does with it at Glorious Revolutionary Composting Center is unknown to me. Food waste is food waste. If I have to start segregating what genus and species my uneaten food scraps adhere to before I scrape my plate, the firearms are coming out.
Well, its *Seattle*. They probably assume all their 'citizens' are good little vegans.
If you have a very, very large pile that has a high level of bacterial activity, you can. A lot of bloggers also say they have successfully composted meat, cheese, etc. with vermicompost bins.
Not that any of this makes mandatory composting less of a stupid idea.
Who lets cheese get that far gone?
/German American
Government can't just go pawing through people's trash without a warrant or due process.
"Your Honor, I (***gag***) present (***retch***) 'Exhibit A'."
I say that our President should personally "due process" these inspections.
If you don't like it, move to Mississippi. Recycling is illegal there, on account of their state flag bearing the likeness of the Confederate Battle Flag.
/thinks about that for a minute, nods
Wait, wouldn't that mean recycling is mandatory there?
Since they recycled the Confederate battle flag.
SOCIAL CONTRACT
WILL OF THE MAJORITY
YOU SIGNED IT, NOW SUCK IT UP
/Tony
I'm kind of a gardening nut, so I actually do compost leaves, clippings, and some food waste. However, I'm here to tell you that maintaining a good compost pile takes effort, and I seriously doubt that many people are willing to exert the effort to do so. Turning a compost pile is a fairly strenuous chore but necessary to keep the pile working. So, I imagine that, if this project successfully coerced Seattleites to abstain from dumping food waste, the vast majority of so-called compost piles would be nothing more than a heap of rotting vegetables. In a concentrated urban setting, it would only create a stench and cause the proliferation of flies and rats.
The whole recycling kick is nothing but a feel-good scam. Other than the recovery of relatively valuable metals like aluminum and copper, it is usually uneconomic and even bad for the environment. After all, running multiple garbage trucks for recycling involves energy consumption and emissions in addition to the base requirement for sanitation. Running recycling operations for almost worthless materials and accommodating manufacturing processes for inferior recycled raw materials often requires more energy and emissions than manufacturing new materials. If it were worthwhile, the market would recycle without a mandate. There was was junkyard recycling well before feel-good environmentalists got involved. Manufacturers also typically find a use for all of their by-products as well. Even Upton Sinclair, the socialist novelist, understood this when he noted about meatpackers in The Jungle, "they use everything of the pig except the squeal." Of course, he meant that as a criticism, but it expresses the way markets work to optimize value. The imposition of chuckleheaded mandates onlly interferes with optimization of value.
The most successful programs have used recycling collections to offset the cost of trash collections, thereby reducing overall collection fees to the customer. However, in order to remain competitive, they use automated systems for sorting and need a minimum amount of collected material. They are also sensitive to commodities prices.
An example of a recycling company that does it right.
I am skeptical.
The only recycling companies I have seen were govt subsidized. It simply doesn't pay so they have to be propped up.
This would of course require privatizing city garbage collection. I won't hold my breath.
No it wouldn't. if it were worthwhile, companies would be coming to your door and buying your recycling. You don't need to privatize garbage collection for that.
Unions probably won't allow that to happen in many cities.
There would be no way to stop it. Something is only garbage if I call it such. If I put it out on the curb with the trash, it is garbage. If I never do that and sell it to you, it is not.
Also, trash hauling and disposal is a huge expense for cities. They would happily have to do less of it.
The city doesn't care about the expense - I'm the one paying for it. And I'm not going to hand over my garbage to a private company unless the city stops charging me for the service I'm no longer using. And the union layabouts will fight that tooth and nail.
Spot on Cato. If it were worthwhile it would be done without mandates. Recycling is largely a waste.
Pretty good analysis except for one point -- landfills are subsidized, too.
If a private company ran a landfill, we'd get charged more to cover costs, taxes, etc.
If we had to pay the cost of landfilling trash, we'd recycle a lot more.
The whole recycling kick is nothing but a feel-good scam.
Correct, nor is it rational.
As proof, I offer the wife-unit (no really, I'm offering her-make me an offer), who will recycle every last fucking scrap of paper, because Gaia will cry if she doesn't, but will throw away metal, because the old stuff in them is icky.
The composting isn't being done by the individual household. If it's like the Vancouver, BC program the food waste goes in the yard waste bin, which is picked up for composting centrally.
Speaking of invasions of privacy, Gawker took down that article. Won't stop the company from being called Geithner Media in a couple of years though.
Geithner-Hogan Media...
Also, I found out that Gawker calls their editorial board a "Politburo", which is just hilarious.
So, no mask at all, huh?
That is fucked up.
full stop.
A couple of random thoughts:
(1) Unless you do your outdoor composting correctly, its basically a rat buffet. It is a foreseeable consequence of pushing people to compost that you will have more of a vermin problem.
(2) What prevents me from dumping my food waste in my neighbor's trash can? How are they going to prove that the food waste in my trash is actually my food waste?
Regarding the rats, they are only a problem if you care about people getting sick. The greens have repeatedly shown they don't consider humans getting sick to be anything worth worrying about.
As far as proving it is your food, nearly every environmental law on the books is strict liability. This will be no exception.
Good news is, raccoons will beat the rats in order to get to food. And they are too big to be considered "vermin."
I don't compost anything besides yard waste and the occasional eggshell or rotten potato, and i still get hopeful raccoons digging through the heap, just in case.
Hmm. interesting, Pan.
Given the size of the rats in my neighborhood (free-range, naturally-selected pack rats Of Unusual Size, wandering in like a Mongol horde from the nearby national park), I may start a compost pile just for the epic rat v. raccoon slugfests.
Raccoons are the main rabies reservoir in many states.
Ha. Gawker deleted the post that sparked the Fury of the Internet. Pussies - at least own the fact that you're a sleazy tabloid.
The were totally happy to invade the privacy of and ruin the life of some guy whose only connection to public life is having a crap weasel tax cheat for a brother but they thought the hacking of a bunch of publicity hound actresses' phones was like the worst crime ever!!
And they posted Hulk Hogan's sex tape which is just as invasive as the naked actress pictures, but he's a dude, so fuck him.
And I am just one of those silly old homophobic guys who was under the impression that outing someone who is gay but in the closet was something people who hated homosexuals did.
Well, John, I hope this episode will teach you to be more open minded. 😉
I bet it was on legal advice. Lawyers ruin everything. Fuck, if they ran the story by legal first, they never would have posted it, and would have denied so much joy to humanity.
Yes, sucks for poor Gaithner, but, eggs, egg sandwiches etc.
It's very possible the story is fake and they were fooled by their crazy, Russian conspiracy theorist gay prostitute source who is the only source claiming that any of this occurred.
Their source literally posts ISIS conspiracy theories online about how America invented ISIS so they could justify fighting in the Middle East. From the Daily Caller:
"In another video, in which he calls President Barack Obama the "son of the Devil," Truitt says that since 1980 the numbers "6-6-6? have been drawn 25 times in the Illinois state pick-three lottery. Truitt claimed that Obama spoke publicly on 11 of the days on which those numbers were drawn, evidence of some evil of some sort.
"I already figured it out. You were giving a speech 11 times," Truitt says in the video. "Dirtbag," he calls Obama. "That is a fact.""
"When asked about the Gawker story, Truitt said: "I have some information that you can publish regarding national security information. I think it's a lot bigger than what you're talking about."
"It's more than just the stuff about HUD [Housing and Urban Development]?" TheDC asked.
"Yeah, oh yeah," Truitt said. "This is a small story compared to other stories. This is a drop in the bucket."
I think this story is going to turn out to be totally fabricated and Gawker is going to get annihilated for defaming a private individual.
From your lips to God's ear. Between this and the Hulk suit maybe Nick Denton can get the fate he so richly deserves and end up broke and living in a box eating dry cat food for subsistence
What does surprise me slightly is that Gawker went after an Obama appointee (indirectly). They're usually pretty reliably supportive of the left side of the aisle.
The guy they tried to publicly humiliate is an executive at Conde Nast, a rival publishing company that just so happens to also own Reddit. Reddit is Gawker enemy #1 because THEY'RE ALL GAMURGATE MISOGYNISTS so I think his employer had something to do with it.
Ah, I see. How truly reprehensible Gawker and its, well, whatever you call people who write for them, are.
Sure, blame the mercenaries.
Seems to me that Seattle's trash policy is anti-gay, as the colors are not arranged in spectrum order. The city must be shut down, and all traces of its existence obliterated.
So, they were once an all white city?
"The law makes garbage collectors the judges and the juries,"
One interesting thing that Murray's latest book points out is that the apparatchik state involves multiple bureaucratic fiefdoms with their own police and legal systems which you must fight through to the end to get to a "real" court.
Vancouver, BC, has the same invasive policy. There are inspectors at the transfer stations that will inspect large loads from office buildings and levy fines as well. I'm not sure how this is supposed to work with condos.
One reason I moved to the suburbs - Seattle's City Clowncil is elected at large and is a pack of corrupt, marxist buffoons.
Socialism requires the constant policing of people and their garbage.
We don't have composters. We have woodchippers.
Everyone of us.
Did you hear that, Seattle City Council?
Ok, I'm recycling this one, but it's still my favorite trash inspection story:
Portland's top brass said it was OK to swipe your garbage--so we grabbed theirs.
Sounds like a plan to me dude.
http://www.Cyber-Privacy.net