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A Rhode Island Attorney who has worked on various legal issues regarding Native American Casino Gaming issues, and who was approached by Fall River City Council Vice President Ray Mitchell this week, tells WSAR that The Pay As You Throw Concept could be an illegal tax, as it was instituted without a vote of the nine member Fall River City Council. 

Attorney Les Rich tells WSAR that various aspects of PAYT, along with new regulations on private waste haulers by the city's Board of Public Health this week would likely not solve a legal challenge. 

At issue is a section of Massachusetts General Law--Chapter 40 Section 22 F--that outlines legal authority for local taxes and fees. 

Fall River Mayor Will Flanagan tells WSAR that he expects Corporation Counsel to mount a vigorous defense if one is necessary. 

 

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