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Updated Preemption Map

March 2, 2017

The Grassroots Change Preemption Map now covers two new issues: LGBTQ Discrimination & Residential Fire Sprinklers.

Our original six issues have all been updated with new preemption laws from the 2016 legislative sessions.

Discrimination: Three states preempt local LGBTQ nondiscrimination laws (A fourth preemptive law, in Mississippi, was overturned and is on appeal). Preemption of local nondiscrimination policies has taken three forms: 1) state laws with express preemption clauses; 2) “religious freedom” statutes; and 3) “bathroom bills,” which prohibit transgender people from using public restrooms that correlate with their gender identity.

Factory Farms: Thirteen states preempt local control over the location and operation of concentrated animal feeding operations (CAFOs).

Firearms: Forty-three states preempt local firearm and ammunition laws. Six of these states have various forms of “super-preemption” provisions that extend statutory standing to pro-gun membership organizations, making it easier to sue cities and counties, and impose special fines and punishments on local agencies and individual officials.

Paid Sick Days: Sixteen states preempt local paid (or “earned”) sick days requirements for employees, and a majority of these also preempt higher local minimum wages.

E-Cigarettes: Eight states preempt local ordinances regarding e-cigarettes.

Fire Sprinklers: Sixteen states preempt local building codes requiring fire sprinklers in new single family homes.

Nutrition: Nine states preempt local authority over nutrition and food policy, ranging from eliminating local control over food and beverage portion sizes to preempting all food, nutrition, and agricultural policies.

Smokefree: Twelve states preempt local smokefree ordinances that are stronger than state standards.

In addition, in 2016 Arizona adopted a form of Blanket Preemption which allows a single member of the state legislature to freeze the transfer of shared revenues from the state to a “county, city or town that the member alleges violates state law or the Constitution of Arizona.”  Read more here.