SAN DIEGO — The fight over San Diego’s new trash fee isn’t over — but for now, homeowners will have to pay up.
A San Diego Superior Court judge on Friday denied homeowners' request to block the city from collecting its new $43 monthly trash fee. The ruling means the Environmental Services Department can move forward with billing residents through the county tax assessor.
Despite the setback, plaintiffs say they’re encouraged that the judge is considering allowing the case to go to trial.
“I’m sorry that we couldn’t stop it,” said attorney Mike Aguirre, who is representing dozens of homeowners suing the city.
Paul Krueger, one of the plaintiffs Aguirre is representing, said, “Regardless of the outcome of the trial, a trial itself would be a victory for the taxpayers of San Diego.”
Homeowners are challenging the fee on several fronts — including claims that voters were misled when they approved Measure B in 2022. At that time, city officials suggested that monthly fees would cost around $23-$29.
However, the finalized amount nearly doubled to $43.
Some residents are also upset over the city’s rollout of new trash bins, saying many were automatically assigned the largest — and most expensive — option without realizing they could choose a smaller one. Those bins are set to begin distribution next week.
In spite of the injunction's denial on Friday, plaintiff Patty Ducey-Brooks said she sees progress in Friday’s decision.
“I’m feeling quite excited,” Ducey-Brooks said. “The fact that the judge feels a trial is desirable gives us a lot of hope.”
The next hearing will be a case management conference on October 24th, and that is when homeowners will find out if they're one step closer to proceeding with a trial.
The City's attorney, Gabriel McWhirter, said he could not comment on the ongoing litigation.
