Does Madison, WI have its own plastic straw rules ordinance?

No. Madison, WI does not appear to have a local plastic straw rules ordinance, Wisconsin state law applies instead. The rules summarized on this page come from Wis. Stat. §66.0419.

Key Facts Ordinance Text Full Breakdown Violations FAQ Sources More in Madison

Madison, WI Single-Use Items: Plastic Straw Rules (2026)

Few Restrictions

Compiled from the official code textEditor Martyn O'NeillLast verified May 2026

Key Facts

Local mandate: Preempted
Voluntary models: Common downtown
ADA flex straws: Federal protection
UW-Madison campus: Stricter voluntary

Summary

Madison cannot impose a straws-on-request mandate because Wis. Stat. §66.0419 preempts local container and accessory regulation; Madison restaurants may voluntarily adopt the practice but face no city requirement.

66.0419 Local regulation of auxiliary containers. (1) In this section: (a) "Auxiliary container" means a bag, cup, bottle, can, or other packaging that is designed to be reusable or single-use; that is made of cloth, paper, plastic, cardboard, corrugated material, aluminum, glass, postconsumer recycled material, or similar material or substrates, including coated, laminated, or multi-layer substrates; and that is designed for transporting or protecting merchandise, food, or beverages from a food service or retail facility. (b) "Political subdivision" means a city, village, town, or county. (2) No political subdivision may do any of the following: (a) Enact or enforce an ordinance or adopt or enforce a resolution regulating the use, disposition, or sale of auxiliary containers. (b) Prohibit or restrict auxiliary containers. (c) Impose a fee, charge, or surcharge on auxiliary containers.

Source: Wis. Stat. §66.0419View official code

Full Breakdown

California and Washington require restaurants to give straws only upon request, and Seattle banned plastic straws outright. Madison cannot adopt either approach because Wisconsin's auxiliary-container preemption sweeps broadly enough to cover straws and stirrers as accessory items. Many Madison restaurants, especially downtown and on State Street near UW-Madison, have voluntarily switched to paper straws or by-request models. ADA accommodations for diners who need flexible straws remain a federal civil-rights matter regardless. Sustainability Madison promotes voluntary commitments through its Sustainable Madison Committee, and large university dining services on UW-Madison's campus follow their own Office of Sustainability rules that are stricter than the city's.

Violations & Fines

There are no enforceable straw violations because Madison has no straw ordinance; any future mandate would conflict with Wis. Stat. §66.0419 and be invalid under standard preemption analysis.

Frequently Asked Questions

Why does my Madison restaurant only give straws on request?

It's a voluntary sustainability practice. Madison cannot legally require straws-on-request because Wis. Stat. §66.0419 preempts local accessory-container regulation.

Can I still get a flexible straw if I need one?

Yes. The ADA requires reasonable accommodation for diners who need flexible straws for medical reasons, regardless of restaurant default policies.

Sources & Official References

[1]Wis. Stat. §66.0419

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All Madison rules

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