Tubing Booze Ban Battle

By Jane Geelan-Sayres
|  Thursday, Sep 29, 2011  |  Updated 5:12 PM CDT
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Tubing Booze Ban Battle

Dustin Larimer/flikr

Rockin' The River hosts its final floating happy hour Thursday and Panther Island Pavillion will provide tubes to the first 600 people who show up.

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The city of New Braunfels is being sued by a coalition of river tubing-related businesses over the plan to ban disposable containers on the rivers within city limits.

Tubing down the Guadalupe and Comal Rivers with a cold one is a time-honored tradition for many Texans but in August, officials said litter on the rivers had reached epic levels and the ban on disposable containers was passed.  It's scheduled to go into effect in 2012.

According to the Austin American Statesman, several businesses, including Rockin R River Rides and Texas Tubes, claim the ordinance is unconstitutional and are suing the city. (see lawsuit here)

The suit claims the ban is unconstitutional because the regulation of "navigable waterways is the domain of the state not cities."

The suit also states the plaintiff's businesses rely on tubers for their livelihood and the ordinance will affect the number of tubers on the river.

NBC 5 has left a message with the city for a comment on this story.

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