SAN DIEGO (KGTV) - The trial over San Diego's trash fee began Tuesday, with plaintiffs arguing the city illegally calculated the fee that residents are now paying.
San Diego's trash fee was approved after voters passed Measure B in 2022. Residents who filed the lawsuit said they originally approved a fee of $23 to $29 a month, not the $47.59 many are currently paying.
The plaintiffs' attorney questioned the dramatic increase during opening statements.
"How do you adopt a fee that increases the cost of the original fee by over 78%?" the plaintiffs' attorney said.
On the first day of trial, the plaintiffs' attorney laid out evidence claiming city officials illegally calculated the fees.
"The city instead just went ahead and bought and distributed 500,000 canisters, which made it complicated and allowed for the cost to get completely out of hand," the plaintiffs' attorney said.
The court also heard motions on whether Mayor Todd Gloria, Council President Joe LaCava, and Councilmember Sean Elo-Rivera would be called to testify. Attorneys representing the city argued they should be excluded.
"You cannot ask questions of councilmembers as to their decision-making processes behind legislation, so we think those two are fully barred on those grounds," the city's attorney said.
The judge approved the motion, ruling the officials would not testify.
The city did not present its opening statement on the first day of trial. Mayor Gloria has previously stated that a repeal of the trash fee would create an estimated $150 million hole in the city's budget.
Patty Ducey-Brooks, one of the residents who filed the lawsuit last year, said residents simply want what they voted for.
"You can't just come in and give us a base amount they're going to charge us, and then. Raise it to, you know, hundreds of dollars more just because you elect to do so without our approval," Ducey-Brooks said.
The city's opening statement is expected in the coming days. The case could have major financial consequences for San Diego moving forward.
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