Democracy is under attack

Cities and towns in the U.S. are facing an emerging threat to their sovereignty: the problem of preemption. Preemption is a legal tactic used by non-local entities and lobbying groups to establish state-level policies that strip local governments of their power to enact the will of their people.

 

How preemption undermines democracy

Preemption is not inherently bad or good, nor is its use inherently partisan. Historically, preemption has been used to advance well-being and equity, when local laws are inconsistent with state laws.

However, recent efforts to consolidate power at the state level and end local authority over a wide range of issues are part of a different kind of national, long-term strategy. Driven by corporate interests and very often orchestrated by the American Legislative Exchange Council (ALEC), an industry-funded organization of state lawmakers and lobbyists, a strategy to undermine local democracy in favor of corporate profits has succeeded at an alarming rate.

Preemption is harming communities:

 
 
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Minimum wage

25 states now preempt local minimum wage laws.

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sick days

22 states now preempt local sick days laws.

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immigration

At least 10 states have now made it illegal for cities to refuse to help federal authorities detain and deport immigrants.

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transportation

41 states now prohibit local regulation of ride-sharing companies.