When states overrule cities: report finds preemption is spreading
?Aggressive moves? by state legislators ?usurps local authority? Preemption is the use of a state law to overrule a local ordinance. In a federal system, it?s not an uncommon practice, and can lead to more uniform policy and statewide improvements. That?s the argument used by supporters of SB 827, a proposed California law that would change zoning policies.
But preemption in the era of polarized politics has created friction, especially between progressive blue cities and more conservative red states. From civil rights laws to rules governing ride-hailing in Austin, state legislators have used their power to overrule local, municipal decisions.
According to a new report by the National League of Cities, City Rights in an Era of Preemption, the practice is spreading, with a number of ?aggressive moves? by states to ?usurp local authority.? Many of these preemption bills at the state level overrule local decisions about inclusiveness, housing rules, the minimum wage, and other issues. The updated report found the most common issues subject to preemption included tax and expenditure limitations (with laws in 42 states), ride sharing regulations (41 states), minimum wage (28 states) and paid leave (23 states). There have also been preemption legislation aimed at limiting a city?s ability to enact stricter gun laws or ban plastic bags.
One of the more notorious examples of preemption was North Carolina?s passage of HB2, a law that overruled the city of Charlotte?s deci...
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