SAN DIEGO (FOX 5/KUSI) — A San Diego judge on Thursday denied a request to temporarily block the city from collecting new trash fees that thousands of residents will soon begin paying.
Former City Attorney Mike Aguirre, representing more than a dozen taxpayers, had asked the court to issue a preliminary injunction in a lawsuit challenging the fees. The new charge — roughly $43 a month — will be billed through property taxes by the county assessor and is set to affect about 225,000 city households.
Aguirre argued the fee violates the state constitution, calling it a “fraud on the people of San Diego.” He claimed city leaders are improperly using the revenue to help offset a budget deficit after a proposed sales tax increase failed.
“They’re getting the money to build up a surplus so they can use it to pay for the shortfall because they didn’t get the one-cent sales tax,” Aguirre said.
City attorneys countered that the money will go directly toward the cost of trash collection, not into a surplus.
“That’s like saying you think somebody is going to have trouble meeting their bills and so they’re going to go rob the corner store rather than cut costs,” said Deputy City Attorney Gabriel McWhirter.
The judge ultimately denied Aguirre’s request for an injunction, allowing the city to proceed with collecting the fees while the lawsuit continues.
“In many ways I feel we may have lost the battle, but I got some clear indications from the judge that we may win the war,” Aguirre said after the hearing.
Residents like Patty Ducey-Brooks said they support the legal challenge and want more transparency from city leaders. “It’s time for the people to have our voices be heard and have attorneys that represent their best wishes,” she said.
The case is scheduled to return to court on Oct. 24, when a trial date could be set.
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