Borst v. City of El Paso de Robles

Many in the city may have received a post card in the mail today to notify them that they may be a member of a court-certified class pertaining to a lawsuit pending against the City of Paso Robles: Borst v. City of El Paso de Robles, Case No. 23CVP-0156. I mentioned this case briefly in my last blot post, The City of Paso Robles & Senate Bill 922 (SB922). I encourage people to look into this case. More information can be found here:

https://borst-v-paso.phoenixcases.com/

Personally, I sympathize with and support the plaintiff in this case as I’ve long believed that the waste rate franchise fee is most cities is charged and managed as a tax and not a fee. The City of Paso Robles has one of the highest waste management franchise fees in the county at 11.5%, while most other cities charge 10%.

Sadly all franchise fees seem to me as a wide ranging municipal money grab—without much citizen oversight. Though these franchise fees are levied on the utilities—e.g., waste management provider, cable provider, electricity and gas providers—they ultimately (in my experience) get passed onto the ratepayer, the homeowner or renter in one way or another.

I’ve questioned them over the years in other cities and in the City of Paso Robles. So, I admire the plaintiff in this case for taking the next step and pursuing this lawsuit. I agree with him and I hope he prevails. Most know that cities need revenues to provide and pay for the services we need from a city—but in my view, they can and should get those revenues via taxes or fees without deception or misrepresentation—and with appropriate representation and oversight.

Address side of class action notification post card

Main text of class action notification post card