This is the decision from the Pennsylvania Court of Appeal of the State of California (Third Appellate District), which concerns sugar-sweetened beverages.
Read MoreThis decision from the Iowa Supreme Court upheld portions of Waterloo’s ban-the-box ordinance, holding that the city can regulate when an employer can ask a job applicant about their criminal history, but cannot regulate whether or not an employer relies on an applicant’s criminal history at all.
Read MoreBrief filed by the City of Austin before the Texas 3rd Court of Appeals arguing that the state’s minimum wage law does not preempt the city’s Earned Sick Time Ordinance, that the city had a rational basis for enacting the ordinance, and that the court should not temporarily enjoin the enforcement of the ordinance while it is being challenged.
Read MoreBrief filed by the City of Cleveland arguing that the city’s enactment of the Fannie Lewis local hire law was an exercise of police power and that a state law limiting the authority of Ohio cities to enact local hire laws violates the state constitution’s prohibition against special laws.
Read More7th Circuit decision upholding a preliminary injunction on efforts by the Department of Justice to withhold federal grants from “sanctuary cities.”
Read MoreSeventh Circuit decision holding that Chicago did not exceed its Home Rule authority when it passed an ordinance prohibiting pet retailers from obtaining animals from “puppy mills,” and that the ordinance did not implicate the Commerce Clause of the United States Constitution.
Read MoreDistrict Court decision granting a preliminary injunction against parts of Texas’s SB4, which would prevent municipalities from establishing “sanctuary city” policies and impose penalties against localities that do so. The decision holds that a provision blocking local government entities and officials from “endorsing” sanctuary city policies likely violates the First Amendment, that provisions prohibiting localities from adopting certain policies, patterns or practices regarding immigration enforcement and cooperation are likely unconstitutionally vague under the 14th Amendment, that a provision forcing local jails to honor ICE detention requests likely violates the Fourth Amendment, and that a provision requiring local police departments to allow their officers to provide enforcement assistance of federal immigration law was likely preempted by federal immigration law.
Read MoreComplaint filed by Chicago to enjoin the Department of Justice from withholding federal grant funding from “sanctuary cities.”
Read MoreComplaint filed by San Francisco to enjoin the Department of Justice from withholding federal grant funding from “sanctuary cities.”
Read MoreOhio Supreme Court decision holding that a state law attempting to preempt local use of red-light and speed cameras was invalid because it was an unconstitutional special law.
Read MorePennsylvania appellate court decision holding that Philadelphia’s tax on sugar-sweetened beverages was not preempted by the Pennsylvania tax code or the Federal Food Stamp Act.
Read MorePennsylvania appellate court decision holding that Pittsburgh lacked the authority to enact a paid sick time ordinance because 2nd class cities—like Pittsburgh—are statutorily barred from enacting “business regulations.” The dissent argues that Pittsburgh’s paid sick time ordinance was a valid use of its police powers to enact ordinances to protect health and safety. This case is currently being appealed.
Read MoreDistrict Court (N.D. Cal.) decision enjoining the enforcement of a federal Executive Order that threatened to withhold funding from “sanctuary cities.”
Read MoreThis District Court (N.D. Cal.) decision enjoined the enforcement of a federal Executive Order that threatened to withhold funding from “sanctuary cities.”
Read MoreFlorida Appellate Court decision holding that the Minimum Wage Amendment to the Florida Constitution does not prevent the state from preempting local authority to establish a higher minimum wage in a subsequent statute. This decision is being appealed.
Read MoreArizona Superior Court decision holding that an Arizona law preempting local regulation of employee benefits was invalid because the Voter Protection Act prevents the state Legislature from amending or superseding voter-approved initiatives unless the state law either furthers the purposes of the initiative or is passed by a three-fourths majority in the House of Representatives and the Senate, and Arizona voters had previously approved an initiative that explicitly preserved the power of municipalities to regulate “wages and other benefits.
Read MoreMissouri Supreme Court decision upholding St. Louis’ minimum wage increase because the state law seeking to preempt it was unconstitutionally enacted. Missouri has since taken legislative steps to limit local minimum wage increases.
Read MoreFlorida 11th Circuit Court decision finding that a state law prohibiting local regulation of polystyrene did not preempt Coral Gables’ ban on certain polystyrene food packaging. This decision is currently being appealed.
Read MoreMinnesota District Court decision upholding Minnesota’s minimum wage ordinance, finding that a state minimum wage statute did not impliedly preempt a local ordinance requiring a higher minimum wage.
Read MoreFlorida Appellate Court decision holding that Tallahassee legislators were not personally liable for failing to rescind decades old firearms regulations in light of a state punitive preemption law prescribing inpidual liability for local legislators “promulgating” firearms regulations. This decision did not reach the merits of whether the state law’s use punitive preemption is unconstitutional and is currently being appealed.
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