National
Will NRA follow the path of Big Tobacco?
The Christian Science Monitor, 3/6/2018
A big industry defended by powerful lobbyists. A product popular with grassroots supporters but reviled by critics as lethal. A nationwide debate that touches on deep aspects of American culture.
Guns in 2018? No, tobacco in 1998…
“There is some remarkable overlap between what the tobacco industry invented 30 years ago, and the strategy of the NRA and its supporters today,” says Mark Pertschuk, a longtime expert and organizer for both the anti-tobacco and anti-gun movements.
For instance, both the tobacco and gun lobbies have taken a muscular approach to combating criticism, including attempts to prevent government research on the health aspects of the issue in question, says Mr. Pertschuk, former longtime president of Americans for Nonsmokers’ Rights and former legislative director of the Coalition to Stop Gun Violence…
Today, one of the most important similarities between what used to be known as Big Tobacco and the NRA is the use of state preemption laws to block any gun violence reduction laws at the local level, says Pertschuk.
Take Florida. Back in 1985, the state legislature passed a law controlling the power of local officials to restrict smoking in public places. Similarly, under Florida law today, city or county leaders who enact or enforce firearms legislation in their jurisdictions face state-ordained punishments that can include removal from office…
However, a focused effort by gun-violence prevention groups, harnessing the energy created in the wake of the Parkland shooting, might be able to get some of these laws repealed, says Pertschuk. That would open the way for more liberal city governments to tighten gun laws, even in red states.
“If they did that, it would catch fire like the revolution against tobacco,” he says. [Emphasis added]
Americans-oppose-state-preemption-guns-minimum-wage-poll
WMNF, 3/7/2018
Broadband
Why states might win the net neutrality war against the FCC
Ars Technica, 2/22/2018
FCC might have doomed its preemption case by renouncing authority over broadband.
The FCC says it can preempt state net neutrality laws because broadband is an interstate service (in that Internet transmissions cross state lines) and because state net neutrality rules would subvert the federal policy of non-regulation.
WASHINGTON STATE ENACTS NET NEUTRALITY LAW, IN CLASH WITH FCC
WIRED, 3/5/2018
WASHINGTON STATE GOVERNOR Jay Inslee Monday signed the nation’s first state law intended to protect net neutrality, setting up a potential legal battle with the Federal Communications Commission…
The FCC attempted to pre-empt any such state laws when it voted to repeal its own net neutrality rules in December, setting up the potential legal clash. Legal experts are unsure how such a dispute will play out.
Public Knowledge Senior Vice President to Testify Before Maryland Senate on Net Neutrality Bill
Public Knowledge, 3/2/2018
Mississippi AG joins suit to block net neutrality rollback
WBRC, 2/23/2018
Agriculture
THE ECONOMIC COLONIZATION OF RURAL AMERICA
The Daily Yonder, 2/28/2018
Corporate agriculture has used its political power and the hard-won reputation for integrity of family farmers to transform the “right to farm” into a “right to harm.” A corporate strategy to turn rural areas into “agricultural sacrifice zones” is revealed in a progression of laws protecting factory farms from public scrutiny and exempting industrial agriculture from environmental and public health regulations. In vast rural areas zoned for “agriculture,” corporate agriculture will be free to pollute and plunder as it pleases.
NOTE: Some, but not all, state “Right to Farm” laws preempt all local authority to regulate industrial agriculture, also known as concentrated animal feeding operations (CAFOs) or factory farms, including zoning.
Civil Rights
Slew of state and local bills are targeting LGBTQ people
NBC News, 2/21/2018
Note: State laws directed at undermining civil rights protections for LGBTQ people typically preempt local nondiscrimination policies adopted by schools, municipalities, and other subdivisions of the state.
Sanctuary Cities
Justice Department Sues California Over ‘Sanctuary’ Immigration Laws
Wall Street Journal, 3/7/2018
Opinion
When States Should Preempt Local Governments
Forbes, 3/6/2018
Opinion
Kimberly Gibbs: NRA a cancer on society
Daily Camera, 2/25/2018
In 2003, Colorado state lawmakers passed an NRA-backed firearm preemption law (CRS 29-11.7-103), which prevents local governments from adopting gun laws. Today, more than 40 states have passed similar preemption laws. Fortunately, Boulder is considering stricter gun laws under a Colorado Constitution provision that reserves to home-rule cities the right to legislate on matters of local concern.
Local leaders applaud Les Miller’s stand on assault weapons, but hesitate to follow
Tampa Bay Times, 3/2/2018
The two city council leaders of Tampa Bay’s largest cities agreed Friday that Hillsborough County Commissioner Les Miller is a brave man for planning to introduce local gun control legislation that could land him a hefty fine and a pink slip from elected office.
Weston to File Lawsuit Over State Statute Blocking Local Government Firearm Regulation
NBC Miami, 2/26/2018
Weston’s City Commission on Monday voted to authorize its city attorney to file a lawsuit over a Florida statute that would punish elected officials if they enacted firearms and ammunition regulation.
Opinion
We know who really rules the Gunshine State
The Washington Post, 2/22/2018
Editorial: Hand back control on gun laws to local governments
Orlando Sentinel, 2/21/2018
Gubernatorial candidates Labrador, Ahlquist participate in 2nd Amendment forum
Idaho Press-Tribune, 2/21/2018
Two Gubernatorial candidates in Idaho address firearms preemption laws in the state.
Critics blast new Iowa bill forcing grocers to carry factory-farmed eggs
WQAD 8, 3/6/2018
Bill requiring competition for cage-free eggs passes Iowa House
Des Moines Register, 2/26/2018
Iowa grocers participating in a supplemental food program would need to offer conventional eggs if they sell eggs from chickens housed in a cage-free, free-range or enriched colony cage environment under an Iowa House bill passed Monday night.
House File 2408 was approved on an 81-17 vote, sending it to the Iowa Senate for consideration.
Minneapolis City Council approves resolution pledging to reduce gun violence
Star Tribune, 2/23/2018
The city has… adopted a legislative agenda that includes opposition to state pre-emption of local gun control laws, opposes federal conceal-and-carry reciprocity laws and includes support for stricter regulations, including background checks for all gun sales and a statewide ban on the sale of assault weapons.
Equal pay supporters divided on latest amendment
Clarion Ledger, 2/26/2018
Cassandra Welchlin, executive director of Mississippi Women’s Economic Security Initiative, said she doesn’t believe the amendment is a true equal pay bill. “It is embedded in a preemption bill that further, in my opinion, has wage discrimination,” she said.
Opinion
To the Editor: Let the people vote on CACR19
Fosters, 2/23/2018
CACR 19 would give New Hampshire citizens real voices against harmful corporate interests that routinely and successfully lobby legislatures and petition courts to apply state preemption to nullify local ordinances and any say NH people have over where they live and what projects come into their communities.
Bill would block local action on plastic bags
The Norman Transcript, 3/1/2018
Senate Bill 1465 essentially restricts cities from doing anything about containers like plastic bags or cups, styrofoam cups or boxes, cardboard and aluminum beyond recycling programs. It states that “no political subdivision shall restrict, tax, prohibit or issue any ordinance regulating the use, disposition or sale of auxiliary containers.
Big Retailers Spend $1.3 Million To Stop Grocery Taxes In Oregon
OPB, 3/1/2018
Three national food retailers are putting big money into an initiative that would bar new taxes on the sales of groceries.
This so-called “grocery tax” in Oregon is directed at preempting local soda tax movements in Multnomah County and other communities.
Although there are no new media stories, state preemption of local soda tax authority in Pennsylvania, in Philadelphia and other communities, remains an imminent threat. Therefore, we’re reposting these recent stories that remain accurate:
Soda Tax Update: Philly Tariff To Be Challenged
BevNET, 12/8/2017
This week Pennsylvania State Rep. Mark Mustio announced his intention to file a measure to pre-empt local sweetened beverage taxes, including Philadelphia’s 1.5-cent-per-ounce tax on sugar-sweetened beverages.
Philly’s soda tax facing new challenges in Pa. Senate
The Inquirer, 10/17/2017
Providence wants to regulate firearms, so the state needs to repeal preemption
Uprise Rhode Island, 2/27/2018
Providence City Council President David Salvatore and the rest of the city council today announced their intention to request legislation that would enable Rhode Island municipalities to regulate firearms. The proposed legislation would remove section 11-47-58 – The Firearms States Preemption clause – of Rhode Island’s Criminal Offense Code. Its removal would enable municipalities like Providence to enact regulations around firearms and their components.
Candidates for Tennessee governor support letting local governments handle smoking bans
Tennessean, 2/27/2018
The majority of Tennessee’s top-tier gubernatorial candidates said Tuesday they support a measure that would allow local governments to implement smoking bans.
State law currently prohibits local governments from regulating tobacco products. A bill, sponsored by Rep. Bob Ramsey, R-Maryville, and Sen. Bill Ketron, R-Murfreesboro, currently under consideration would allow local governments to regulate smoking in certain areas, including hotels, public property and age-restricted venues.
Austin’s Paid Sick Leave Ordinance is the Latest Local Policy Targeted by the State
Texas Monthly, 2/22/2018
The Fight for Paid Sick Leave Moves South
City Lab, 2/21/2018
Austin just became the first city in Texas to pass an expansive paid sick leave policy, despite state preemption measures that bar them from passing other progressive workers’ rights bills.
Utah lawmakers reject grocery bag fee, move to stop local governments from charging one
The Spectrum, 2/26/2018
Bill banning sanctuary cities heads to Virginia Senate floor
Delmarva Now, 2/28/2018
A bill to ban sanctuary cities in Virginia advanced to the Senate floor Tuesday on a 7-6 committee vote that split along party lines.
Beverage industry, allies start campaign to stop Seattle’s soda tax from spreading
The Seattle Times, 2/28/2018
After watching Seattle’s soda tax take effect last month, the beverage industry and its allies have begun an initiative campaign aimed at stopping other Washington communities from adopting similar taxes.
“Yes! To Affordable Groceries” registered as a ballot committee Monday with the Washington State Public Disclosure Commission.
The committee is sponsored by the American Beverage Association and supported by organizations including the Korean American Grocers Association, Washington Food Industry Association, Washington Farm Bureau and Joint Council of Teamsters, said Jim Desler, a spokesman.
