A civil rights group is continuing its legal challenges against Alabama municipalities and counties that pursue criminal charges against residents with unpaid garbage bills, while simultaneously urging state lawmakers to ban the practice.
Ellen Degnan, a senior staff attorney with the SPLC, stated Tuesday that the organization seeks legislation to prevent any level of government from arresting individuals for failing to pay trash fees. Degnan explained that while a state law currently makes the failure to pay trash fees a misdemeanor, it does not actually permit counties and municipalities to prosecute these cases. Furthermore, she noted that the Alabama Constitution does not allow the use of the criminal justice system to collect civil debt.
The SPLC last Friday sent a letter to Winston County officials demanding they drop 70 active criminal cases linked to outstanding solid waste fees. The letter also called for the repayment of fines and fees already collected in these cases and an end to all future criminal prosecutions in such matters. The SPLC letter included images of notices from the Winston County Sanitation Department, which had informed residents with outstanding bills over $1,000 that the county commission was “requesting an arrest warrant be issued for delinquent accounts” and gave them 10 days to contact the department for payment. Messages seeking comment were sent to the Winston County Commission and the county attorney on Tuesday and Wednesday.
The SPLC has targeted other municipalities engaging in similar practices. Degnan reported that the organization has received positive responses to its demand letters in some areas. The district attorney in Valley, for instance, agreed to stop prosecuting residents for unpaid solid waste fees. Chickasaw officials, after receiving a letter, placed a moratorium on additional prosecutions. While the SPLC is currently in discussions with Fayette officials, it has not yet received a response from Winston County. Degnan emphasized that the SPLC believes this remains an ongoing problem across Alabama and is seeking a definitive legislative solution.
Rep. Tim Wadsworth, R-Arley, whose district includes Winston County, previously introduced HB 512 during the last legislative session. This bill would have prevented local governments from bringing misdemeanor charges against individuals with outstanding solid waste fees. However, the legislation was sent to the House County and Municipal Government Committee and did not advance to a vote last spring. A message seeking comment was sent to Wadsworth on Wednesday.
Conversely, the Legislature did approve SB 32, sponsored by Sen. Wes Kitchens, R-Arab, which established an exemption from solid waste fees for veterans who live below the poverty line and whose sole income source is veterans’ benefits. Kitchens stated Wednesday that this measure was part of efforts with the Military Stability Commission to make Alabama a military-friendly state and to support the veteran community. Kitchens also expressed openness to expanding the exemption to include other groups, though he noted concerns raised during previous discussions about who would cover the associated costs, such as existing residents or the governing body responsible for solid waste services.
The SPLC is looking to the current legislative session for a more comprehensive solution. Degnan stressed that what is needed at the state level is "clarity that these policies are illegal and unacceptable in Alabama." She stated that the SPLC hopes the Legislature will address this issue during the upcoming session to permanently ban the practice of using criminal charges for unpaid civil debt related to solid waste fees.
