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Summary Findings of Research with State Legislators
Summary Findings of Research with State Legislators

This is the summary of the findings from research based on 17 In-depth (live telephone) interviews conducted in total, including with members of Republican state legislatures.

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Polling, CommunicationsAdam PolaskiJanuary 1, 2019General
The State Assault on Local Sanctuary Policies
The State Assault on Local Sanctuary Policies

There is now an active anti-sanctuary movement aimed at eliminating the discretion that local communities have traditionally exercised over their involvement in the federal immigration enforcement efforts.

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Legal, White PapersAdam PolaskiNovember 1, 2018Immigration, White Paper
Austin Paid Sick Leave Amicus Brief – Court of Appeals for the Third District of Texas
Austin Paid Sick Leave Amicus Brief – Court of Appeals for the Third District of Texas

This September 2020 amicus brief in the case ‘City of San Antonio & Marilyn Washington v. Associated Builders & Contractors of South Texas’ deals with preemption of San Antonio’s paid sick leave policy.

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Amicus Brief, LegalAdam PolaskiOctober 2, 2018Texas, Labor, Paid Sick Leave
Cleveland Local Hire Law Amicus Brief – Ohio Supreme Court
Cleveland Local Hire Law Amicus Brief – Ohio Supreme Court

This October 2018 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 PolaskiOctober 1, 2018Ohio, Labor
Gerrymandering and Local Democracy
Gerrymandering and Local Democracy

It is essential that state legislatures accurately represent the statewide public’s views when legislating with respect to local power. In too many states, highly gerrymandered state legislatures do not accurately represent the public’s views.

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Legal, White PapersAdam PolaskiAugust 1, 2018Voting, White Paper
Punitive Preemption: An Unprecedented Attack on Local Democracy
Punitive Preemption: An Unprecedented Attack on Local Democracy

All preemption laws are in tension with local democracy, but punitive preemption is especially threatening. Many state preemption laws are vague around the edges; some may violate the state’s constitution or legal doctrines.

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White Papers, LegalAdam PolaskiJuly 2, 2018White Paper, General
The Attack on American Cities
The Attack on American Cities

This Article describes this politics by way of assessing the nature of—and reasons for—the hostility to city lawmaking. It also provides a current accounting of state preemptive legislation and assesses the cities’ potential legal and political defenses.

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LegalAdam PolaskiJuly 1, 2018Essays, General
The Challenge of New Preemption
The Challenge of New Preemption

This Essay examines the spread of the new preemption and explores the legal doctrines available to local governments for challenging it.

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LegalAdam PolaskiJune 1, 2018Essays, General
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
Anzalone Lizst Grove Research & Moore Information – National Survey
Anzalone Lizst Grove Research & Moore Information – National Survey

The audience of this survey was likely 2018 voters living in the following states: Arizona, Florida, Georgia, Louisiana, Michigan, Minnesota, North Carolina, and Tennessee, selected based on frequent state legislative preemption.

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Polling, CommunicationsAdam PolaskiMarch 1, 2018General, National Polling
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
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