COLUMBIA — The City of Columbia filed a response to a lawsuit over its indefinite suspension of curbside recycling pickup.
Christine Gardener, a Columbia resident, filed a lawsuit seeking class-action status against the city in December, claiming Columbia breached a contract with residents by suspending curbside pickup, but still charging residents for the service.
The city suspended the program in May 2023, citing “ongoing staff shortages.” Initially, the city said the program would return by June 20. Four days before that deadline, Columbia announced that curbside pickup for recycling is indefinitely suspended.
Gardener’s suit alleges the city breached contract by continuing to charge a $17.37 monthly pickup fee, despite not picking up recycling. The suit also accuses the city of unjust enrichment, said Anthony Meyer, the lawyer representing Gardener.
The suit demands that the city refund that fee to customers since the service was suspended May 17.
“It is fundamental that one cannot charge money, and obligate another to pay, for services one does not provide,” the suit states.
The suit also asks a judge for a permanent injunction to order the city to resume recycling pickup.
The city denies it broke a contract with residents. In its response, Columbia argues that trash collection is not a service offered to residents.
Instead, residents are “required to receive refuse service.”
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The city also claims recycling pickup is not “enforceable” because there is no written agreement between the city and residents for such a service. Columbia argues Gardener “failed to exhaust administrative remedies” because she did not follow the customer complaint process.
KOMU 8 reached out to the City of Columbia for comment, but a spokesperson said the city does not comment on pending litigation.
Columbia offers recycling drop-off centers in the absence of home pickup. Columbia residents at the South Providence drop-off center Sunday had mixed opinions on the recycling program.
“Well, I understand the problem,” said Roger Caffrey, who’s lived in the city since 1981. “I mean, I preferred to have it picked up, you know, curbside, but in these times in trying to get people hired and everything else, I understand the problem.”
Columbia City Council members and Solid Waste Utility representatives talked about the future of recycling collection during a January council meeting, according to previous reporting from the Columbia Missourian.
Director of Utilities Dave Sorrell recommended maintaining a consistent rate and leaving the program voluntary. Fourth Ward Councilperson Nick Knoth and City Manager De’Carlon Seewood agreed, saying that curbside pickup should begin as a biweekly service and change on demand.
The city would need about $2 million to purchase 36,000 recycling carts, as well as between $560,000 to $800,000 per year to lease 10 or 12 trucks in order to provide this service, Sorrell said.
As for voluntary recycling, cart costs would drop to around $700,000 and yearly truck leasing to around $450,000, Sorrell said.
The lawsuit is now in the discovery phase, Meyer said. That means he will be asking the city for documents related to the recycling program and likely conduct depositions.
It’s possible the case could go to trial, Meyer said, but pointed out that most class-action cases are resolved beforehand.
Caffrey said he wants the curbside collection fee reduced until the city can pick up recycling again.
“People don’t like to pay for what they’re not getting,” Caffrey said.
A list of recycling drop-off centers can be found below:
- Columbia College (Dulany Hall) – near Eighth Street and Hickman Avenue
- Columbia College – near Seventh Street and Hickman Avenue
- Downtown (The Armory) – along Park Avenue, between Seventh and Eighth Street
- Downtown (10th and Cherry) – south side of Tenth and Cherry Parking Garage
- South Providence – 3601 S. Providence Road, on the outer road
- State Farm Parkway – near the Grindstone north of East Nifong Boulevard
- Parks Management Center – at Cosmo Park (east side), 1403 Business Loop 70 W
- University of Missouri (East Campus Plant Growth Facility) – near East Campus Road and Ashland Road