Lawsuit over donation bins in St. Johns settled

ST. JOHNS — The city has reached an agreement with Planet Aid over an ordinance banning donation bins that resolves a federal lawsuit.

The city commission repealed the ordinance Dec. 20. In its place, the commission approved an new ordinance that provides a permit system and regulations for placing donation boxes in the city.

A U.S. District judge issued an injunction against the ordinance earlier this year.

Attorney Daniel Dalton, who represented Planet Aid in the case, said the organization is thrilled to have an agreement in place.

"This new ordinance allows for the use of bins while also giving a method of approval for the city. We want to be good neighbors and the regulations are in place so there will not be any bad neighbors," Dalton said.

City Attorney John Salemi said the settlement was fair for the city.

"The city was wise to enter into a discussion to settle the lawsuit given that the judge had granted an injunction against the ordinance, which meant that it was very likely a ruling would go against the city," Salemi said.

The ordinance was approved by a 4-1 vote. Commissioner Eric Hufnagel cast the dissenting vote.

"My concern with accepting this agreement is that it locks the city in and the city would not be able to make changes in the future. We did not receive any information that this could be adapted if new legislation is put in place," Hufnagel said.

A state House bill introduced this year puts in place a permitting and fee process for local communities to regulate collection bins.

House Bill 4862 has been referred to committee.

Salemi said the city's ordinance should not need to be changed if the state legislature passed the bill.

"This is part of a settlement to a federal court case, which supersedes any state authority. In all likelihood our ordinance would not be in conflict," Salemi said.

The city commission approved its ordinance banning outdoor collection bins in 2014. Planet Aid, an organization that had two bins within the city, filed a lawsuit claiming the ban violated its First Amendment rights. The U.S. District Court in Grand Rapids issued a restraining order preventing the city from enforcing the ban, and that decision was upheld by the U.S. Court of Appeals.

Under the new city ordinance, a person or group seeking to place a donation bin must submit an application and pay a $125 fee to the city for each bin to be placed. If approved, the applicant will receive one sticker for each bin. The sticker will measure 4 inches by 4 inches and include the city seal, permit number and expiration date.

The permit is good for one year, but can be renewed annually at a cost of $100 for each permit.

Donation boxes can't be placed on land used for or zoned as residential. The boxes cannot be placed within 10 feet of a public sidewalk, right of way or driveway and cannot be placed within 1,000 feet of another collection box. However, boxes owned by the same person or group may be placed on the same lot as long as they are side by side and no more than one foot apart.

Contact Tom Thelen at  377-1097 or tthelen@lsj,com. Follow him on Twitter @TomThelen_LSJ