Tennessee preempts local plastic straw bans under TCA 68-211-1101. Memphis cannot require restaurants to switch to paper straws or to provide straws only on request. Federal ADA requires bendable straws as a reasonable accommodation.
Plastic straws fall within the auxiliary container preemption in TCA 68-211-1101, so Memphis cannot enact a straws-on-request ordinance or ban plastic straws outright. Many Memphis restaurants have voluntarily switched to paper or compostable straws, or moved to straw-on-request service to reduce waste, but these are private business decisions. Disability advocates note that federal Americans with Disabilities Act (ADA) accommodation rules require bendable plastic straws to remain available for customers who need them, and even cities with active straw bans typically include a disability accommodation. Memphis residents seeking systemic change must lobby the Tennessee General Assembly rather than the City Council.
There are no Memphis penalties for distributing plastic straws because state law preempts local regulation. Any local straw ordinance would be unenforceable under TCA 68-211-1101.
See how Memphis's plastic straw rules rules stack up against other locations.
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