To the editor:
The Dumpster diving story in Saturday's Journal-World ("One man's trash not legally another's treasure") is based on an inaccuracy. Dumpster diving IS legal - in Lawrence and everywhere else in the U.S. - thanks to a 1988 Supreme Court decision (California v. Greenwood). The city does not have the power to outlaw it.
I think Mr. Corliss (head of the city's legal services department) is grossly misconstruing the intent and scope of this city code. From the wording, "The city shall have the exclusive right to collect and dispose of refuse within the city limits," I think it's pretty clear that its intent is simply to prevent private trash companies from operating in Lawrence and competing with the city's refuse collection service.
It is perfectly legal to take anything from the trash as long as you aren't trespassing to get to it. This is something every journalist should know, and I am shocked that no one at the Journal-World noticed this before your story ran. It makes me question the credentials of your entire staff.
Sean Ringey,
Lawrence
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aidan (anonymous) says…
I'm not sure if that is a totally accurate assessmet of the case. California v. Greenwood settles, as a matter of Constitutional law, that trash left out for garbage collectors has no privacy protection from police, leaving it free and open to be searched through without a warrant. The opinion recognizes that any number of people, animals, etc., regularly search through garbage left at the curb, however, without specifying whether that activity is also protected from state or local restriction. I don't know if Greenwood preempts Lawrence (or any other city) from writing policies specifying that City of Lawrence Dumpsters are property of the city being rented for private use and are therefore considered private property, and that dumpster diving is considered trespassing. I'm not necessarily refuting what Mr. Ringey has written. I just don't know if it's completely accurate. Does anyone have more specific knowledge?
Ragingbear (anonymous) says…
Since the police only have the legal rights of thier office, and no more or less, then they would be only excersizing the rights retained by private citizens in the matter of a search. A police officer cannot trespass on your property to search your trash can, and neither can anyone else without a viable warrant. This would be a rather moot point, and easily challengable if the city tried to present this argument.
However, I still believe that there should be an ordinance in place that says dumpster divers would forfiet any rights to liability issues if they get hurt while doing so.