Legal Question in Civil Rights Law in Maryland

Can the Environmental Control Board of a city target specific neighborhoods? It appears in Baltimore City that the ECB is targeting affluent neighborhoods for ridiculous fines (they're nearly snooping through our trash), while leaving other neighborhoods alone. This appears to be a funding strategy for the city. These choices appear to be made based on the socioeconomic and racial composition of the neighborhoods. I always thought that the Justice Department looked into such matters, yet it continues to happen here.

Is it legal for them to be targeting specific neighborhoods this way?


Asked on 4/20/10, 2:17 pm

1 Answer from Attorneys

Marcia S Wertenberger Marcia S. Wertenberger, Esq.

Once you intentionally put something in a trash collection system to be picked up you have given up the right to it - you have in essence given anyone the right to "dig" - this is why things need to be shreded. If this is part of an ongoing investigation for some reason - any law enforcement entity or really anyone else for that matter can dig through your trash - as long as it is trash sitting out for collection. It sounds as if they are on to something and gathering evidence of environmental violations - if this bothers you because they are going through your trash and not others thy must have a reason to believe that these neighborhoods may be dumping illegal things like lawn trimmings and pool chemicals whatever - that might occur in one place and not the other. It is mostlikely they are targeting a certain maintenance or cleaning comapny rather than a neighborhood - it just works out that way. Without knowing what the fines are for I can prettty much guess it is for this type of illegal dumping and they have a lead that it might be occrring in your area. This is a good thing not bad. If you want an answer my suggestion is to call and complain to your mayors office but I would stay away from any allegation of racial or socio-economic idea. Just say you are upset that this entity is searching your trash and whatever else they are doing and want to know why. Make sure you go up the chain - ask the head of the department first - then - councilperson - then mayor.

Good Luck - just do not assume it is what you think - if they are looking to enforce the law just let them know it seems to be only pointed at your area and ask why.

Best of luck,

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Answered on 4/25/10, 2:58 pm


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