Legal Question in Business Law in Indiana

Legality of monopolies created by city ordinances?

I believe our city has created a monopoly with a city ordinance. The ordinance states that no outside vendor may come in and pick up our trash, only the city sanitation department. I also believe this affects my constitutional right to choose. Here lies the problem, we have an outside vendors dumpster at our residence. The city does not provide the dumpster services, this is why the outside vendor. The city has told us because of the city ordinance against outside vendors we have to have the dumpster removed. I feel this is a monopoly. Do I have any legal rights to fight this (1) since the ordinance has created the monopoly I feel it has, (2) the ordinance has taken away my freedom of choice, and (3) the city doesn't offer a comparable service. Here are a few other points of interest. 1. The city allows this same company to come in to service business garbage recetacles. 2. The city allows this same company to service large residential housing complex receptacles. I feel they are singling out the individual residences which is totally unfair.


Asked on 3/10/04, 5:53 pm

1 Answer from Attorneys
C. David DuMond Law Offices of David DuMond

Re: Legality of monopolies created by city ordinances?

Imagine that you are a good citizen trying to live cooperatively in your community. You are probably in a sanitation district with full authority to require residential participation. They require all residential property owners to participate in the contract because they need to provide the most efficiency and least expense. Look forward to the day when the garbage collectors require you to use refuse cans specifically modified for automated pickup. Meanwhile, you don't have a legal remedy, since monopoly is quite all right for government services. I think your only remedy is political: find out who made the rule, and lobby for changing it. Maybe you can convince them that everyone should have commercial dumpsters, or that commercial dumpsters should be shared by everyone in the neighborhod. Maybe you could have a commercial dumpster in the center of every cul de sac or at the corner of every street. Be sure to emphasize the aesthetic and sanitary improvements commercial dumpsters would make over individual garbage cans. Good luck.

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Answered on 3/11/04, 2:52 pm


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