ST PAUL, Minn — A Ramsey County judge is deciding whether to temporarily stop a new law that starts in January meant to prevent copper wire thefts.
The crime is especially rampant across St. Paul where thieves have targeted the city's street lights. Last year alone, there were 2,000 thefts and the Public Works Department spent $1.2 million to replace and repair them.
Except attorneys filed a lawsuit arguing the law is too broad, doesn't provide exemptions for legitimate scrap sales and it could effectively shut down the state's entire industry.
"Most of the time, you’re fighting against something that was intended," said lawyer Jack Perry. "Here, no one wanted this outcome and we’re dealing with what we have and there’s frustration all around."
Perry represents the Recycled Materials Association. The Upper Midwest chapter recently filed that lawsuit against the commissioner of the Minnesota Department of Commerce.
The law requires anyone selling scrap metal copper to get a $250 license every year from the Department of Commerce. What's more, the suit says that copper is found in most recyclables, from electronics to some jewelry. Buying it from someone without a license would mean even a legitimate company is breaking the law and could face penalties.
"If we’re turning them away and we can’t keep the product they bring in, they’re going to go somewhere else with it," said Matt Woessner. He's the retail manager at K & K Metal Recycling in Minneapolis.
They buy scrap from thousands of people every year, along with about 175 licensed dealers totaling some 31 million pounds of material. It gets shipped across the country and melted into new metal.
Woessner is worried instead of recycling metal, it will end up in a landfill or business will be diverted if the law isn't more narrowly defined to pinpoint copper wire.
"The number one thing I’m hearing is, where’s the closest scrap yard in Wisconsin, so the industry will just move over there," said Woessner.
Dozens of mayors publicly supported this legislation recently and some city officials testified last legislative session, but Perry says industry leaders were ignored.
He expects the judge to issue a ruling next week.
The Commerce Department tells KARE 11 that it doesn't comment on pending litigation, but noted its application is now online and so far 20 people have signed up.