All Resources — Local Solutions Support Center

State Preemption Poll: Texas

This slideshow summarizes a 2019 survey of Texas voters on preemption-related issues.

Polling, CommunicationsAdam PolaskiFebruary 19, 2019Texas, State Polling

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.

Legal, White PapersAdam PolaskiNovember 1, 2018Immigration, White Paper

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.

Amicus Brief, LegalAdam PolaskiOctober 2, 2018Texas, Labor, Paid Sick Leave

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.

Legal, Amicus BriefAdam PolaskiOctober 1, 2018Ohio, Labor

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.

Legal, White PapersAdam PolaskiAugust 1, 2018Voting, White Paper

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.

White Papers, LegalAdam PolaskiJuly 2, 2018White Paper, General

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.

LegalAdam PolaskiJuly 1, 2018Essays, General

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.

LegalAdam PolaskiJune 1, 2018Essays, General

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.

ResearchAdam PolaskiMay 1, 2018LGBTQ, Report, Produced with A Better Balance

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.

LegalAdam PolaskiApril 1, 2018General, Model Policy, Produced with A Better Balance

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.

Amicus Brief, LegalAdam PolaskiFebruary 21, 2018Pennsylvania, Labor, Paid Sick Leave

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.

Legal, Amicus BriefAdam PolaskiAugust 17, 2017Ohio, Labor

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.

LegalAdam PolaskiAugust 1, 2017LGBTQ, Guides, Produced with A Better Balance

Introduction to Federal Preemption

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

LegalAdam PolaskiAugust 1, 2017White Paper, General, Produced with A Better Balance

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.

Legal, Amicus BriefAdam PolaskiJuly 17, 2017Labor, Minimum Wage, Florida

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.

LegalAdam PolaskiMay 1, 2017Memo, General, Home Rule

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.

State CampaignsAdam PolaskiMay 1, 2017Building Your Campaign

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