Cans and bottles 'okay' in New Braunfels - MyFoxAustin.com | KTBC Fox 7 | News, Weather, Sports

Cans and bottles 'okay' in New Braunfels for first time in 2 years

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For the first time in 2 years, tubers and anyone else hitting the water will be able to take disposable containers like cans and bottles with them.
  
"Yes you can take your Coke cans, your beer cans, your Ozarka bottles back on the river and enjoy it from that standpoint.  What we ask is 'keep it clean,'" said Shane Wolf, owner of 'Rockin' R River Rides.'

Wolf is part of a group called the Tourist Associated Businesses of Comal County.  When New Braunfels enacted the can ban, they sued.

"It's a state-owned river not a city-owned river and from that standpoint of it the state would be the one who would say what you can and cannot take," Wolf said.

Wolf says the ban was hurting businesses all over town -- his included.

"We've talked to a variety of them and a variety of them have come to us that didn't think that ban would effect their businesses...and it has," he said.

This Friday, a visiting judge declared the ban unconstitutional.  Essentially...banning the ban.

Obviously there are a lot of people that are excited that the can ban is gone but some people really did like it -- like scuba diver Mark Hauck.  It's his first dive in the Comal.

"It's pretty nice, it's really nice.  There's a lot if life down there, it's really pretty.  A lot of bass," he said.

But soon it may not be so pretty, he fears -- thanks to the disposable container ban being overturned.  As Hauck emerges from the water he pulls a beer can from the bottom.

"I'm looking on the bottom and...first can, here we go!  So I don't agree with letting people bring cans on the river.  All last year we brought our containers and filled them with whatever we wanted and it worked.  But this is gonna happen a lot," Hauck said.

Not only did the visiting judge stop the can ban, he also did away with the cooler ordinance limiting the size of cooler you can take with you and he awarded over $250,000 in attorney's fees to the river businesses that took the ban to court.
  
The order also prevented New Braunfels from bringing back the can ban when and if they appeal.

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