Bank of Amicus Briefs and Legal Documents
This page houses amicus briefs and is meant to be used as a guide for insight into state preemption topics. View all briefs.
Zdanko v. American Airlines: Amicus Brief by A Better Balance in Support of Zdanko
This amicus brief was submitted by A Better Balance in support of an American Airlines employee who was denied paid sick leave, arguing that Arizona’s Earned Paid Sick Time Act covered the employee even though he was also covered by a Collective Bargaining Agreement.
San Antonio v. Assoc. Builders and Contractors: Amicus Brief by A Better Balance
Amicus brief submitted by A Better Balance in support of San Antonio’s paid sick leave law, arguing that the ordinance should not be preliminarily enjoined.
San Antonio v. Assoc. Builders and Contractors: Amicus Brief by Local Government Law Professors
Amicus brief submitted by state and national local government law professors in support of San Antonio’s paid sick leave law, arguing that the city has authority to enact the law and that such authority has not been preempted.
Portland Pipeline Corp. v. South Portland: Amicus Brief of the International Association of Municipal Lawyers & Legal Scholars (Maine Supreme Judicial Court)
Amicus brief by the Int’l Assoc. of Mun. Lawyers & Legal Scholars, arguing that the city of South Portland had the authority to prohibit the storing and handling of petroleum in certain zoning districts.
Garfield County v. Washington: Amicus Brief by International Municipal Lawyers Ass’n and Legal Scholars
Amicus brief submitted to the Washington State Supreme Court emphasizing the importance of local control over fiscal authority, in this case over local transportation revenue.
International Franchise Ass’n v. NYC: Professors Amicus
Amicus brief submitted in support of the validity of New York City’s Fair Workweek Law, arguing that local regulations should enjoy a presumption of validity and that the Fair Workweek Law is not preempted by existing state labor law.
Minneapolis v. Minnesota Chamber of Commerce, et al (Court of Appeals): Amicus Brief by ABB et al.
Amicus brief submitted by SEIU Local 26, TakeAction Minnesota, Centro de Trabajadores Unidos en la Lucha, and A Better Balance, arguing that Minneapolis’s Sick and Safe Time Law does not have an impermissible extraterritorial effect.
Texas Ass’n of Business v. City of Austin: Amicus Brief by A Better Balance
Amicus brief by A Better Balance before the Texas 3rd Court of Appeals in support of Austin’s Earned Sick Time Ordinance, arguing that, because paid sick leave laws like Austin’s do not harm businesses and provide significant benefits to workers, the court should not temporarily enjoin the ordinance while it is being challenged.
Texas Ass’n of Business v. City of Austin: Amicus Brief by Law Professors
Amicus brief by a group of law professors specializing in local government law and related fields, before the Texas 3rd Court of Appeals, describing the history and purpose of the Texas Home Rule Amendment and arguing that Texas’s minimum wage law does not preempt Austin’s Earned Sick Time Ordinance.
Texas Ass’n of Business v. City of Austin: Amicus Brief by Workers Defense Project et al.
Amicus brief by the Workers Defense Project, Austin workers, businesses, and advocacy organizations arguing that Austin’s Earned Sick Time Ordinance should not be temporarily enjoined because the plaintiffs challenging the ordinance have failed to demonstrate (1) that the ordinance is unduly burdensome to businesses in relation to the underlying government interest of protecting the health and safety of Austin residents, (2) that there was no rational reason to allow employers operating under a collective bargaining agreement to modify the cap of required paid sick leave, and (3) that the records-keeping requirement under the ordinance would subject businesses to unreasonable searches and seizures.
Cleveland v. Ohio (OH Supreme Court): Amicus Brief by the Campaign to Defend Local Solutions et al.
Amicus brief submitted in support of Cleveland, arguing the enactment of Cleveland’s Fannie Lewis local hire law was an exercise of the city’s police powers, that the state law prohibiting Ohio municipalities from adopting local hire requirements violates Ohio’s Home Rule doctrine, and that the state’s attempt to preempt Cleveland’s local hire law is part of a troubling nationwide assault on Home Rule.
Pa. Rest. and Lodging Ass’n v. Pittsburgh: Amicus Brief by Women’s Health and Safety Organizations
Amicus brief submitted to the Pennsylvania Supreme Court by fifty-one organizations committed to women’s health and safety in support of Pittsburgh. The brief explains the importance of paid sick leave to protect public health, notes that a lack of paid sick leave disproportionately harms women and people of color, and argues that Pittsburgh has the authority to enact the Paid Sick Days Act.
Pa. Rest. and Lodging Ass’n v. Pittsburgh: Amicus Brief by A Better Balance et al.
Amicus brief submitted to the Pennsylvania Supreme Court by A Better Balance and leading law school professor experts in local government law and/or labor law in support of Pittsburgh. The brief outlines the history and importance of home rule in Pennsylvania, argues that Pittsburgh has the authority to pass the Paid Sick Days Act, and notes that striking down the ordinance would undermine home rule in Pennsylvania, severely limiting the ability of municipalities to protect public health and safety.
Gill v. Whitford: Amicus Brief by the International Municipal Lawyers Association et al.
This amicus brief was submitted to the US Supreme Court on a case addressing the validity of certain intentional partisan gerrymandering practices. This brief connects the rise of partisan gerrymandering to the rise of intrastate preemption and argues that both of these practices undermine local democracy.
Puppies ‘N Love v. Phoenix: Amicus Brief by the City of Tempe
Amicus brief submitted in support of the city of Phoenix, arguing that the city’s regulation of pet dealers should not be preempted by state law because of the state’s inaction with regard to regulating pet dealers.
Cleveland v. Ohio (Court of Appeals): Amicus Brief by the Campaign to Defend Local Solutions et al.
Amicus brief submitted in support of Cleveland, arguing that the state law prohibiting Ohio municipalities from adopting local hire requirements violates Ohio’s Home Rule doctrine and is part of a troubling nationwide assault on Home Rule.
Lewis v. Bentley: Amicus Brief by the NAACP and Campaign Legal Center
This amicus brief was submitted in support of NAACP’s appeal, arguing that the Federal Voting Rights Act allows minority voters to bring private enforcement actions against states.
Lewis v. Bentley: Amicus Brief by Partnership for Working Families & SPLC
This amicus brief was submitted in support of NAACP’s appeal, arguing that the Alabama state law preempting Birmingham’s minimum wage ordinance does violate the Equal Protection Clause of the U.S. Constitution.
Lewis v. Bentley: Amicus Brief by Mayors and Local Progress
This amicus brief submitted was in support of NAACP’s appeal, arguing that preemption of local minimum wage ordinances undermines the ability of policymakers to respond to local economic conditions, that such preemption disproportionately impacts African American workers, and that higher local minimum wages are a sound policy idea.
Arkansas v. Fayetteville: Amicus Brief by the ACLU
This amicus brief was submitted in support of Fayetteville, arguing that the city’s antidiscrimination ordinance is not preempted by an Arkansas state law, and if it is, that the Arkansas state law violates the U.S. Constitution’s Equal Protection Clause. This case has been remanded to a lower court to determine whether the Arkansas state law violates the Equal Protection Clause.