Toronto's ban on single use plastic bags has been upheld for now.

City council voted 27-18 in favour of re-opening the debate on the decision to prohibit the sale of bags, which represents the majority of council, but not the two thirds support needed to bring the ban back before council.

That means the ban that is scheduled to take effect January 1st remains in place.

David Shiner says he's going to push city staff to make a draft bylaw public and be brought forward for consultation before the bylaw could come up for council approval in November.

``It's not the public that's outraged about this,'' Shiner said. ``There's 3.5 million in the city. I got eight phone calls.''

But because no bylaw has been put into place yet, there is still a possibility that when the bylaw comes before council, it could be defeated.

"Then hopefully we can kill it," said Toronto Mayor Rob Ford at the end of the meeting on Wednesday.

"It's unfortunate," he said of the decision not to re-open debate and lift the ban. "It's not what people want. The people want their bags."

Bag ban opponents say confidential advice given to them from the city solicitor suggests that the ban could not stand up to a legal challenge, which industry officials say they are considering.

 ``We're going to court, and we're going to lose,'' said Mayor Rob Ford last weekend on Newstalk 1010's The City. ``We talked to our legal staff and they said we don't have a leg to stand on.''

 Marion Axmith, director general of the Canadian Plastics Industry Association said her group is considering a legal challenge.

``Plastic bags are a necessity, they're useful,'' Axmith said.

(With files from the Canadian Press)