Resources

Research & Policy Briefs

The Rise of State Preemption Laws in Response to Local Policy Innovation

This article analyzes the increasing use of state preemption law by conservative state leaders as a tool to rein in progressive local governments. The scope and special qualities of recent state preemption laws are explored by examining legislation preempting local fracking bans, preventing minimum wage ordinances, targeting sanctuary city policies, overturning LGBT rights ordinances, and enacting blanket preemption measures. Reasons for the recent surge of state preemption laws are suggested, and the overall effectiveness of these laws is discussed.

Lori Riverstone-Newell
Publius: The Journal of Federalism, Volume 47, Issue 3, 1 July 2017, Pages 403–425, https://doi.org/10.1093/publius/pjx037
Published: 25 May 2017

Toolkits

How Can I Fight Preemption?

This one-pager lets you know how you can fight back against preemption laws when they’re filed in your state.  Pass this along to friends and family when your community is faced with preemption and send the message that you are in the fight to #DefendLocal.

Research & Policy Briefs

EPI Report: City governments are raising standards for working people—and state legislators are lowering them back down

A report recently released by the Economic Policy Institute examines the rising use of preemption by state legislatures to undercut local labor standards. It provides an overview of five key areas of labor and employment policy affected by preemption—including minimum wage, paid leave, fair work scheduling, prevailing wage, and project labor agreements—and details the extent and impact of such preemption practices throughout the United States. Finally, it presents ways local governments can push back against state preemption in their efforts to raise the living standards of their residents.

Legal Documents

CDLS Amicus Brief – City of Cleveland v. State of Ohio

This Amicus Brief was filed by the Campaign to Defend Local Solutions, a group of legal scholars, and the International Municipal Lawyers Association in support of the City of Cleveland as they seek to uphold the ruling that the State of Ohio’s preemption of their local hire law was unconstitutional.

[pdf-embedder url=”http://defendlocal.com/wp-content/uploads/2017/06/Cleveland-v.-Ohio-Brief-Amicus-Curiae-CDLS-Legal-Scholars-and-IMLA-final.pdf” title=”Cleveland v. Ohio – Brief Amicus Curiae CDLS Legal Scholars and IMLA – final”]

Infographics

States With Barriers to Local Broadband Networks

The Community Network Map, created by ILSR, highlights the states that have put barriers to local broadband networks in place.  In total, 19 states have put barriers in place to these networks, despite the fact that 70% of adults in the United States believe that local governments should be able to build their own high-speed networks.  The Community Network Map also allows users to explore locally created broadband projects.

Research & Policy Briefs

Why Local Solutions?

A helpful fact sheet created by MuniNetworks.org and ILSR on the importance of protecting the ability of local governments to invest in municipal broadband networks.  This includes a description of numerous ways local governments are best situated to address gaps in community broadband.

Infographics

The Threat of Super-Preemption

State legislatures across the country have gone beyond preventing local governments from passing common-sense local solutions. They’ve begun silencing local voices using draconian super-preemption laws.  These laws allow special interest groups to sue local governments and in some cases personally sue local officials for doing their job. These laws are designed to intimidate, bully, and chill government at the local level. This infographic highlights where these laws exist, where they have been recently proposed, and what their impacts could be to cities, counties, local officials, and taxpayers alike.

 

Research & Policy Briefs

CDLS Memo – The True Cost of Preemption

The goal of this memo is to educate and build awareness of many of the issues that are affected by attacks on local solutions. For this memo, CDLS compiled data from a number of organizations in Florida concerned about preemption, to highlight some of the potential costs and impacts of two extremely broad and wide-ranging bills.

2017 Preemption Report – Campaign to Defend Local Solutions

Research & Policy Briefs

Mayors Innovation Project Workshop: State Preemption of Local Authority

A workshop put on in partnership between Mayors Innovation Project, SEIU, and the Rockefeller Family Fund. Hosted directly before the National League of Cities Conference in Austin, TX; workshop materials include presentation slides on strategies, research, and decision-making tools. Click on the Briefing Book tab to see the materials.

Research & Policy Briefs

Mayors Innovation Project Workshop: Protecting Locally Enacted Health, Economic, Environmental, & Civil Rights Gains

Held in December of 2016 and hosted in partnership with State Innovation Exchange, and the Rockefeller Family Fund, this workshop examined case studies & lessons learned in the fight against preemption, research, policy and legal tools, and info on how to broaden the coalition working against preemption.

Toolkits

Model Documentary Screening Run of Show

Documentaries are a great way to begin conversations around issues that are important to local governments, and can be used to highlight the importance of being able to pass local solutions to local problems. This run of show is for the Newtown documentary, but should give a good sense of how to organize an effective screening.

Legal Documents

Florida Carry, et al. v. City of Tallahassee, et al.

Below are the Amicus Briefs filed in support of Mayor Andrew Gillum, his Commissioner colleagues and the City of Tallahassee in the super-preemption lawsuit. The Appellate Court ultimately upheld the Trial Court’s Order in this case, ruling the elected officials and City had done no wrong, but avoided ruling on the Constitutional issue. For additional pleadings in this case send a request to info@defendlocal.com.

Legal Documents

City of Cleveland v. State of Ohio

These pleadings are from a challenge by the City of Cleveland against the State of Ohio over a bill which preempted local governments from requiring local hiring percentages on contracts.  The City of Cleveland had a long-standing ordinance requiring such, and filed the challenge to declare the State law unconstitutional. The Court ruled in favor of Cleveland and local control.