On Earth Day of last year, Bisbee became the first city in Arizona to ban plastic bags. Now it’s holding its ground, even though the legislature has prohibited such bans.

Bisbee City Council has decided to send a letter to Arizona’s attorney general saying the so-called “ban on bans” is unconstitutional. City attorney Britt Hanson said Bisbee is a “charter” city, which is allowed under the state’s constitution to make and enforce laws that could conflict with state laws.

The idea is “local control is better than statewide control,” Hanson said. “And that local officials are accountable to local residents more than statewide office holders are.”

This is not the first time Bisbee has passed a controversial law. In 2013, it became the first city in the state to recognize civil unions.

Councilman Gene Conners said it’s easier for Bisbee to make these kinds of progressive decisions than state government.

“We are smaller, we can move a little more nimbly,” he said. “But we still have all the repercussions from what we do, I guess.”

Like when the state sued Bisbee over its civil unions and the city had to change the law’s language. It’s still not known how current Arizona Attorney General Mark Brnovich will respond to Bisbee keeping its bag ban.