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The Power of State Preemption: Preventing Progress and Threatening Equality
The Power of State Preemption: Preventing Progress and Threatening Equality

When preemption is used to protect profits rather than people, to undermine progress, and to undo cities and counties’ efforts to improve the safety of their residents— including their LGBT residents—it is a dangerous threat to equality for all.

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ResearchAdam PolaskiMay 1, 2018LGBTQ, Report, Produced with A Better Balance
Repealing Preemption and Advancing Non-Preemption Language in State Law: Examples
Repealing Preemption and Advancing Non-Preemption Language in State Law: Examples

This fact sheet details two straightforward approaches that can be pursued through ballot initiatives or statewide legislation to do so.

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LegalAdam PolaskiApril 1, 2018General, Model Policy, Produced with A Better Balance
Blanket Preemption: A Troubling Effort to Stifle Progressive Local Policymaking & Block Local Democracy
Blanket Preemption: A Troubling Effort to Stifle Progressive Local Policymaking & Block Local Democracy

One of the most troubling recent trends is the rise of “blanket” preemption in the states, described by the New York Times as efforts to “…[wall] off whole new realms where local governments aren’t allowed to govern at all.”

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Legal, White PapersAdam PolaskiMarch 1, 2018White Paper, General
Preserving Local Legislative Immunity: How to Protect Local Legislators from Punitive State Laws
Preserving Local Legislative Immunity: How to Protect Local Legislators from Punitive State Laws

A troubling trend has emerged where state legislators move to punish local legislators for supporting or voting for policies that state legislators oppose.

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LegalAdam PolaskiMarch 1, 2018Guides, General
Pittsburgh Paid Sick Leave Amicus Brief – Supreme Court of Pennsylvania
Pittsburgh Paid Sick Leave Amicus Brief – Supreme Court of Pennsylvania

This February 2017 amicus brief in the case ‘Pa. Rest. and Lodging Ass’n v. Pittsburgh’ deals with preemption of Pittsburgh’s paid sick leave policy.

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Amicus Brief, LegalAdam PolaskiFebruary 21, 2018Pennsylvania, Labor, Paid Sick Leave
Protecting Local Democracy: Messaging and Resarch Toolkit
Protecting Local Democracy: Messaging and Resarch Toolkit

To help explain preemption and its consequences, and communicate the value of local decision-making and democracy, LSSC has developed this communications guide based on national public opinion research.

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Communications, Messaging GuideAdam PolaskiFebruary 1, 2018Guides, General
The Troubling Turn in State Preemption
The Troubling Turn in State Preemption

This Issue Brief surveys the landscape of state preemption and offers “possibilities for strengthening home rule to advance progressive local policymaking.”

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LegalAdam PolaskiSeptember 28, 2017Essays, General
Cleveland Local Hire Law Amicus Brief – Court of Appeals for the Eighth District of Ohio
Cleveland Local Hire Law Amicus Brief – Court of Appeals for the Eighth District of Ohio

This August 2017 amicus brief (by the Campaign to Defend Local Solutions) in the case ‘Cleveland v. Ohio’ deals with preemption of Clevaland’s local hire law.

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Legal, Amicus BriefAdam PolaskiAugust 17, 2017Ohio, Labor
How to Respond to State Attempts to Prohibit Local LGBTQ Nondiscrimination Laws
How to Respond to State Attempts to Prohibit Local LGBTQ Nondiscrimination Laws

As more localities step up to lead on LGBTQ rights, there is a growing threat to this local progress.

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LegalAdam PolaskiAugust 1, 2017LGBTQ, Guides, Produced with A Better Balance
Introduction to Federal Preemption
Introduction to Federal Preemption

Federal preemption is the concept that ‘federal law preempts contrary state law.’

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LegalAdam PolaskiAugust 1, 2017White Paper, General, Produced with A Better Balance
Miami Beach Minimum Wage Amicus Brief – 11th Judicial Court of Florida
Miami Beach Minimum Wage Amicus Brief – 11th Judicial Court of Florida

This August 2017 amicus brief in the case ‘Florida Retail Federation v. Miami Beach’ deals with Miami Beach’s minimum wage policy.

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Legal, Amicus BriefAdam PolaskiJuly 17, 2017Labor, Minimum Wage, Florida
State Substantive and Procedural Constraints on Preemption Power
State Substantive and Procedural Constraints on Preemption Power

This memorandum provides an overview of some substantive and procedural constraints on the latitude of state legislatures to limit local authority and autonomy.

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LegalAdam PolaskiMay 1, 2017Memo, General, Home Rule
State Preemption Checklist for Local Officials and Advocates
State Preemption Checklist for Local Officials and Advocates

Cities and counties may have legal options to counter this growing reality of state interference, even though it can be difficult in many situations to challenge state preemption.

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State CampaignsAdam PolaskiMay 1, 2017Building Your Campaign
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