Lawsuit filed against Cincinnati scrap metal ordinance

CINCINNATI, OH (FOX19) - A lawsuit has been filed against the City of Cincinnati by Garden Street Iron & Metal, Inc., a scrap metal dealer regarding new scrap metal regulations passed by city council on Wednesday.

The new regulations require frequent sellers to obtain licenses, pass criminal background checks and wait two days to get paid. Garden Street Iron & Metal is saying the new regulations passed violate the constitution, citing the 1976 Resource Conservation and Recovery Act.

The attorney for Garden Street Iron & Metal, Pierce Cunningham, told FOX19 that the ordinance is already causing some of its customers to take their business elsewhere.

"We have customers that we've dealt with for 15-20 years who once a week trade scrap with us and could do it in Kentucky but because our company is quicker and easier to deal with they deal in Ohio," said Cunningham. "They've told us we will no longer be dealing with you so you will lose this business."

He also said he feels it is just the first of several lawsuits that will be filed against the city.

The lawsuit also says that they will be losing business due to the ordinance, because scrappers will travel outside Cincinnati city limits to sell their scrap metal.

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