Join Grassroots Change’s Michael Bare in Denver and Pittsburgh!
Michael Bare, Program Manager and Policy Analyst with Preemption Watch, a project of Grassroots Change, will be attending the American Public Health Association’s Annual Meeting and Exposition (APHA) in Denver from October 30 – November 2, and the National League of Cities’ City Summit (NLC) in Pittsburgh, Pennsylvania from November 16 – 19.
At APHA, Michael will be attending caucus meetings relevant to current trends in federal and state preemption, as well as meeting with partners and colleagues. At NLC, Michael will be joining with Americans for Nonsmokers’ Rights in the exhibitor hall and discussing the threat of preemption with public health advocates and policy makers.
Email Michael if you would like to connect at either meeting.
Court: Tempe lacks standing to challenge ban on plastic-bag regulation
Arizona Daily Star, 10/14/16
A judge has quashed a bid by a Tempe council member to challenge a state law that bars cities from regulating plastic bags and mandating recycling…
He noted a new state law approved earlier this year allows the attorney general, at the behest of any state lawmaker, to investigate and decide that a local government has acted contrary to the wishes of the Legislature.
Minnesota Chamber of Commerce sues Minneapolis over paid sick time mandate
Minnesota Public Radio News, 10/14/16
The Minnesota Chamber of Commerce is suing the city of Minneapolis over its pending sick time mandate.
The chamber said in a statement Friday morning it has filed a lawsuit in Hennepin County District Court intending to challenge the ordinance.
“The action challenges the Minneapolis paid sick time ordinance as unlawful on the grounds that it conflicts with existing state law,” the chamber statement said…
The business group’s suit is being joined by a number of other plaintiffs, including Graco Inc., the Minnesota Recruiting and Staffing Association, Otogawa-Anschel General Contractors and Consultants LLC, the National Federation of Independent Business [a Private Enterprise Council Member of ALEC], and the TwinWest Chamber of Commerce.
The fight for and against SQ 777, a preemptive “right to farm” ballot measure, continues in Oklahoma. We have previously reported that several local communities have adopted resolutions opposing the measure, and the Tahlequah City Council is the latest addition to the list. U.S. Sen. James Inhofe (R-OK) has recently publicly supported the measure. Opinion pieces and editorials have filled the pages of state and local newspapers from both the “for” and “against” camps. A recent Tulsa World article offers a balanced discussion of the opposition and supporters, and “highlights the disconnect between rural and urban” Oklahomans. Meanwhile candidates for the state legislature are weighing in on the “state overreach” of preemption vs. local control.
Pennsylvania Senate passes another gun pre-emption bill
An update on super-preemption in Pennsylvania:
While the House bill enjoys some bipartisan support, Senate Democrats unanimously panned SB 1330 Monday because it allows any gun owner or well-financed membership organization, like the National Rifle Association, to sue municipalities.
Oil and gas industry group ponders criminal prosecution of local officials
Power Source 10/4/16
Since Pittsburgh banned fracking in 2010, more than 100 municipalities have introduced their own ordinances to limit or completely prohibit oil and gas extraction, pipelines, or waste injection wells.
And while those that have been challenged in court have generally failed, Kevin Moody, general counsel for the Pennsylvania Independent Oil & Gas Association in Wexford, says the fight is draining and doesn’t seem to be deterring municipal officials from attempting to block oil and gas development.
Bill that would punish Philly’s sanctuary city status moves forward
Philly Voice, 10/18/16
Legislation that would impose punishments on Philadelphia for its refusal to cooperate with federal immigration officials passed the Pennsylvania House of Representatives Monday.
With a vote of 136-55, House Bill 1885 has moved to the state Senate. The proposed law would hold Philadelphia liable for damages incurred by criminal activity conducted by unauthorized immigrants, require the city to comply with federal immigration requests and impose penalties for noncompliance.
Advocates decry attacks on plastic bag bans
Brownsville Herald, 10/17/16
The Texas Attorney General’s recent attacks on bag ordinances have drawn attention from state and national advocates who seek to defend them…
“State pre-emption of local plastic bag laws is an issue that has become much more prevalent nationally than the last few years,” said Jennie Romer, attorney and founder of plasticbaglaws.org. “What’s unique about pre-emption disputes in Texas… is that they’re new fights about old laws.”