New Orleans cannot ban or restrict plastic straws under LA RS 33:4881 (2020), which preempts local container regulation. Restaurants may voluntarily switch to paper or upon-request straw policies.
Louisiana's 2020 preemption statute (LA RS 33:4881) classifies plastic straws as auxiliary containers and prohibits municipalities from banning or restricting them. Earlier proposals in New Orleans to require upon-request straw service or ban plastic straws cannot be enforced under state law. Some local restaurants have adopted voluntary upon-request policies aligned with sustainability goals or ADA-friendly approaches that keep flexible plastic straws available for disabled patrons. The Americans with Disabilities Act still requires reasonable accommodation regardless of any future state policy change.
There are no city penalties for offering plastic straws since state law preempts local bans. Restaurants violating ADA accommodation duties may face federal complaints unrelated to the straw debate.
See how New Orleans's plastic straw rules rules stack up against other locations.
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