New Report: State Preemption Hampering Local Response to Public Health, Economic Crises and Initiatives to Advance Racial Equity
Local Solutions Support Center (LSSC) released a new report today detailing the harmful impact that state preemption of local power continues to have on BIPOC communities, women, LGBTQ people, and workers in low-wage industries. The report, Under the Cover of COVID: A Survey of 2020 - 2021 State Preemption Trends, reveals how the growing abuse of preemption over the last decade forced many municipalities to start from behind when responding to the pandemic, and highlights the issue areas advocates are preparing to defend from state interference in the months ahead - particularly preemption aimed at undermining local public health measures and local oversight of police reform and accountability efforts.
“This past year, the costs of state legislatures deliberately weakening local democracy became terribly clear,” said Kim Haddow, the report’s author and LSSC strategic adviser. “Cities, counties, and towns don’t have the power or tools they need to respond to the pandemic, the economic crisis and the demand for racial justice. Instead of providing communities with the power to pass local paid leave bills, public health and safety protections or increase police accountability, legislatures will consider an avalanche of new preemption bills in 2021 designed to further limit local control. Advocates across the country are working in cross-issue coalitions to counter this state overreach, but it’s important for all of us to understand the consequences: when communities can’t enact commonsense mask ordinances, expand access to broadband, or help families keep a roof over their heads, their lives and livelihoods are at stake.”
In many states, the spate of proposed bills are the result of predominantly white, male lawmakers using preemption as a tool to systematically take power away from Black and Brown communities and sustain white supremacy. Some of the major trends explored in the report include:
24 states have crafted bills that would limit public health authority; at least five states have proposed preempting the ability of local governments to issue masking mandates.
At least 11 states are considering bills that would further criminalize public protests.
At least 11 states are considering measures that outlaw sanctuary cities, make localities liable for harm that results from crimes committed by an individual who is not lawfully present in the U.S., and require local governments to enforce federal immigration laws. Many of these laws include punitive provisions targeting local governments and local elected officials.
“The very same communities most impacted by preemption before COVID are the same communities who are disproportionately harmed by all of the public health and economic impacts of the pandemic,” said Ida V. Eskamani, who leads coalition efforts to address the corporate abuse of preemption in Florida. “And now we are seeing lawmakers and corporate lobbyists intent on further limiting local power, undermining the will of the voters, and denying local electeds the tools they need in this moment. Here in Florida, this is manifesting in particularly egregious forms – Gov. Ron DeSantis is going to enormous lengths to take power away from communities, stifle local innovation, and hold back efforts to advance racial and economic justice.”
In addition to public health and community safety, the report highlights multiple other areas where advocates expect state interference in the year ahead. Some include:
Housing security and tenant protections
Broadband access
Minimum wage and paid sick leave
Corporate liability shields
Beyond tracking preemption trends, Under the Cover of COVID offers a deeper look at the connection between racism and preemption. The report examines the history of consolidating power at the state level from its earliest use in the Reconstruction South to the modern-day use of preemption as a tool of white supremacy; and demonstrates its lasting impact - from policies that specifically stifle equity for BIPOC communities, to the overwhelmingly white make-up of most state legislative chambers. The report also looks at the inescapable role of the American Legislative Exchange Council (ALEC) in producing model preemption bills that can be pushed in multiple states simultaneously.
“Local communities have lost power because of state preemption every year for more than a decade now, and we expect that trend to continue in 2021,” added Haddow. “One answer to reversing this trend is fundamentally restructuring the balance between city and state relations.”
Last year, LSSC joined with the National League of Cities (NLC) in releasing a roadmap for home rule reform. Home rule is the legal framework for local governance, but it has not been updated in nearly 70 years. The updated framework released by LSSC and NLC last year provides a vision for rebalancing state and local relations. Home rule reform is one of the most common sense ways policy makers can address the growing abuse of preemption in the long-term.
The full report is available here. LSSC provides an array of tools and resources for advocates working to counter preemption and local elected officials eager to take action in their own communities. Those tools and resources are available at www.supportdemocracy.org.