Judge rules new copper wire theft law can take effect Jan. 1, despite lawsuit to block it

Elliot Hughes, Star Tribune on Dec 27, 2024

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MINNEAPOLIS — A new state law designed to combat copper theft will take effect Jan. 1, after a judge denied a request to suspend the law as part of an ongoing lawsuit.

The ruling by Ramsey County District Judge Sara Grewing was issued Dec. 18 in the suit filed by the Upper Midwest chapter of the Institute of Scrap Recycling Industries, Inc., a trade group that represents scrap metal workers.

The new state law requires anyone who recycles scrap metal copper for a profit to first obtain a license. It was enacted as St. Paul, Minneapolis and other cities have struggled with thieves stripping copper wire from streetlights, parks and other public infrastructure.

The suit alleges the law violates the state constitution, is overly broad, lacks criteria for determining who is qualified to receive a license, and would shutter the scrap metal industry in Minnesota.

In her ruling, Grewing said the harm of pausing the law’s implementation “far outweighed” the effect on the scrap metal industry.

St. Paul spent more than $1.2 million in 2023 to address copper wire theft, and the city’s total cost this year is expected to be higher, according to a statement. Minneapolis has spent about $545,000 the last two years on the issue.

Last year, 64-year-old Steven Wirtz and his dog died when they were struck by a vehicle on a St. Paul street that was darkened because copper wire had been stripped from street lights. His family and neighbors have blamed the theft as a factor in his death.

The bill received heavy support from St. Paul officials, Gov. Tim Walz and 38 urban and rural Minnesota mayors. The next hearing in the lawsuit is scheduled for Feb. 10.