Key to helping people understand the dangers of state preemption is measuring and documenting the consequences of its use. Only when elected officials, attorneys and advocates can demonstrate the harms caused by state interference can they make the case for countering, overruling or repealing these efforts to limit local decision-making. To that end, LSSC has produced reports, sponsored research and created maps that demonstrate the increased use of state preemption and the effect that has had on local communities and particularly women, people of color and low wage workers.
End of session report
After every legislative session since 2011, localities in many states end up with less power than they had when the session started. LSSC, in partnership with the State Innovation Exchange, produced a report documenting preemption trends in the 2019 sessions.
LSSC commissioned the Urban Institute to look at the effectiveness of local action in four areas to establish an understanding the costs of consequences when local governments are prohibited from acting.
Urban Institute research: The Urban Institute released four research briefs prepared for LSSC:
LSSC has served as a hub coordinating, supporting, and disseminating empirical research into the abuse of preemption to perpetuate racial and economic disparity. That research includes:
A housing preemption map: State Preemption of Local Equitable Housing Policies: LSSC, with support from Grounded Solutions Network, Partnership for Working Families, Poverty & Race Research Action Council, National Fair Housing Alliance, and the Urban Law Center, created a searchable map that showed that a majority of state legislatures are using preemption laws to block local equitable housing policies, worsening the lack of affordable housing throughout the country. The map showed the 33 states that have passed short-term rental, rent control, income discrimination, or inclusionary zoning preemption.
A Partnership for Working Families report, For All of Us, By All of Us: Challenging State Interference to Advance Gender and Racial Justice: LSSC funded research done by the Partnership for Working Families looks at the effects of preemption on women, and particularly women of color in four cities.
A Better Balance and the Movement Advancement Project (MAP), The Power of State Preemption: Preventing Progress and Threatening Equality: LSSC and A Better Balance co-authored and published a report with MAP, Family Values @ Work, and the Equality Federation exposing the coordinated effort to limit municipalities from passing local equality measures, the special interests motivating them, and the negative impacts on LGBTQ people. The report, shared widely, concludes that when preemption is used in this way to undermine people’s economic security, health, and safety, it jeopardizes local democracy and equality for all.