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Date: 8/10/2021
EASTHAMPTON – During an Aug. 4 meeting, the Easthampton City Council approved multiple amendments within their ordinance involving plastic restrictions.
Councilor Owen Zaret presented the specific amendments to the council during the meeting, noting that there were a few gaps to the ordinance that were brought to his attention since the passing of the initial language occurred. One of the amendments included adding language that allowed aluminum containers used for the purpose of catering or packaging of food for serving to more than one individual to be exempt from the plastic restriction ordinance.
According to Zaret, in talking with environmental groups, there is a low concern regarding use of aluminum trays for serving and catering foods. The impact of aluminum trays to the environment is low compared to polystyrene.
The ordinance also explicitly states that delivery of newspapers or other periodicals and mailers by businesses within the city of Easthampton must use compostable bagging for the delivery. Originally, this was not explicitly stated.
After talking with the city’s health director, Zaret and the council also found that the deferment process stated within the plastic ordinance does not need to require a public hearing. Rather, the health department will be creating a standard form for deferment requests regarding the ordinance.
Additionally, the council voted to eliminate the entire language in the ordinance that stated “No retail food establishment shall transfer disposable plastic straws, unless requested by the consumer. Retail food establishments are encouraged to offer consumer’s compostable straws.” The intention of striking this language is to accommodate the disability population in Easthampton.
City Councilor Lindsey Rothschild stated that the language surrounding plastic and compostable straws created an “undue burden” on people with disabilities.
“When you want a straw, you have to come forward and discuss your disability…it places an unfair burden on people with disabilities,” said Rothschild. “I think that we are being very careful with businesses not to put undue burdens, and we also need to treat our disabled population with the same respect.”
A letter from Jeffrey Brown, a member of the Commission on Disability in Easthampton, was sent to Rothschild explaining why the original language would prove to be troublesome to the city’s disabled population after Rothschild asked the commission’s opinion on the matter.
Within the letter, Brown wrote that disabilities such as muscle specificity, inability to hold a cup, difficulty regulating fluid intake and swallowing, and difficulty bending towards a cup are some of the reasons why straws are integral for the disabled community.
“Unfortunately, current alternatives to readily available plastic straws each pose challenges in terms of accessibility or practically,” Brown wrote.
Biodegradable straws can get soggy and break apart, which can be burdensome for those with muscle specificity or take longer to drink, according to the letter. The original opt-in system within Easthampton, which essentially required people to request a plastic straw if they needed one, would have most likely forced those with a disability to disclose their disability-and potentially have an uncomfortable conversation each time they want to drink in public.
“As a community and society, we should be promoting elements in the community that disabled and non-disabled people alike can access equally,” the letter from Brown continued. “Plastic straws are one of those elements … eliminating them is a step back for disability rights.”
Both Rothschild and City Councilor Erica Flood agreed that businesses should be educated and encouraged to administer plastic and compostable straws with clear labels.
The original intention brought forth by Zaret during the meeting was to maintain the entire language. Many environmental groups and legal resources stated that they had no issues with how the original language was worded, so Zaret initially found it unnecessary to make amendments to the language.
Zaret said that he heard the concerns regarding disabled people early on and brought those concerns to those same environmental groups. Zaret also stated that he agreed with Rothschild’s view on accommodating for disabilities but noted that the ordinance committee was careful in making the language involve everybody in Easthampton.
Prior to officially voting on striking the language, Zaret presented possible solutions to the language that would eliminate the language that states, “No retail food establishment shall transfer disposable plastic straws, unless requested by the consumer,” but he ultimately decided to withdraw that motion. Zaret abstained from the vote on the specific amendment to strike the language in its entirety. He was the only one to do so.
Councilor JP Kwiecinski suggested possibly adding language that would clarify easy accessibility for both plastic and compostable straws, but the council decided that they would strike the entire language and allow the ordinance committee to have future discussions on possible amendments and additions to the language.
“We’re all learning … we’re all doing the best we can,” said Rothschild. “We’re putting in something to protect the environment … but I think as a council, we can continue to listen to the most marginalized.”
The plastic restrictions ordinance in its entirety will officially go into effect on Jan. 1, 2022.
An announcement will also be made over the next couple of weeks explaining how future City Council meetings will be conducted starting in September.
The council also approved an appropriation of $58,083 to conduct planning and pre-development tasks for the creation of new and affordable housing within Easthampton. The Valley Community Development Corporation (CDC) is looking into 30 to 50 units of affordable housing within Easthampton. The initial plan is to locate these sites first within the city.
The money will also allow the Valley CDC to look into the elementary schools that will be vacant in the future and see if that architecture will be affordable and efficient with regard to affordable housing. This is the next step in the five-year housing production plan that the council passed in the winter of 2021.