Arlington's Single-Use Items: The Rules That Matter

Every city handles single-use items a little differently. In Arlington, Texas, there are 3 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Polystyrene Foam Rules

The same Texas Solid Waste Disposal Act analysis that preempted plastic bag bans also blocks Arlington from banning expanded polystyrene foam takeout containers used by local restaurants.

Key details: Preempting statute: Tex. Solid Waste Disposal Act. Foam in curbside: Generally not accepted. Voluntary phase-outs: Common among chains. Food safety oversight: FDA federal.

No local penalties may be imposed; any Arlington foam-ban ordinance would be unenforceable under state preemption.

Arlington is more permissive than most cities when it comes to polystyrene foam rules. That said, there are still limits.

Plastic Bag Rules

After the 2018 Texas Supreme Court ruling in Laredo Merchants Association v. Laredo, Arlington cannot ban or tax single-use plastic checkout bags; only voluntary retailer programs apply.

Key details: Controlling case: Laredo Merchants v. Laredo (2018). Preempting statute: Tex. Solid Waste Disposal Act. Local ban: Prohibited. Voluntary fees: Allowed by retailers.

No municipal penalties exist; any city attempt to enforce a bag ban would be void under Laredo Merchants and the Texas Solid Waste Disposal Act.

The rules around plastic bag rules in Arlington lean permissive, but that does not mean anything goes.

Plastic Straw Rules

Texas preemption of local container regulations and the absence of state straw rules mean Arlington restaurants may freely offer plastic straws without on-request restrictions.

Key details: Local straw rule: None. Preemption basis: Tex. Solid Waste Disposal Act. ADA accommodation: Required on request. Voluntary paper-straw switch: Common at chains.

No local penalties may be imposed for straw choice; ADA claims may arise from blanket plastic-straw refusals against disabled patrons.

Arlington is more permissive than most cities when it comes to plastic straw rules. That said, there are still limits.

The Bottom Line

Compared to many U.S. cities, Arlington gives residents more room on single-use items. 3 of the 3 rules here are rated permissive. But permissive does not mean unregulated. There are still requirements, and the city does enforce them when violations are reported.

Keep in mind that Arlington can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.