NEW BRAUNFELS, Texas – Tubers headed to the Guadalupe and Comal rivers can keep packing their cans for their rides for now. That’s the word from the mayor of New Braunfels just hours after an appeals court said Thursday that a lower court’s ruling against the city’s ban should have never happened.
It's an issue that has been tied up in the courts since a district judge ruled in March 2014 that the 2011 law banning cans and large coolers on the Comal and Guadalupe rivers is unconstitutional.
The judge granted an injunction to stop the city of New Braunfels from enforcing it.
In a 29-page decision, the appeals judges ruled Thursday the tubing outfitters never had a right to sue in the first place, because, based on previous case law, the district court didn't have the right to take the case.
New Braunfels Mayor Barron Casteel said while the legal process is far from over, the city is still not enforcing the "can ban."
“At this point nothing has changed that I'm aware of,” Casteel said.
The city lawyers will review the decision, and at next Monday's New Braunfels City Council meeting, they will update the members on their options.
“The opinion and the process and how long will the process take,” Casteel said.
The general manager of one of the companies that sued the city, Rockin’ R River Rides, said its lawyer is prepared to take the city all the way to the Texas Supreme Court.
With Memorial Day around the corner, he said he doesn't expect any changes for at least this summer.
The New Braunfels City Council meeting will be at 6 p.m. Monday in the City Council Chambers located at 550 Landa Street.
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