Legal Question in Civil Rights Law in California

The City of San Jose, CA requires that you pay for garbage service every month, and you cannot cancel or turn off the service, even if the house is vacant or you recycle 100% of your waste. Is this legal? If this so-called "fee" is acually a tax, was it passed legally (as a tax) so that I am actually required to pay it?


Asked on 4/02/12, 9:36 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Welcome to big government and the Progressive nanny state. You can fight it [City Hall] if you are willing to spend a lot of time and money in litigation not likely to succeed. Doing so might be your path to local politics and election as a fiscal conservative. Government will not give up any source of revenue without a fight, no matter who is right.

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Answered on 4/02/12, 3:04 pm


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