A selection of research and reports about preemption in public health and related issues such as local public health authority.
State and local governments traditionally protect the health and safety of their populations more strenuously than does the federal government. Preemption, when a higher level of government restricts or withdraws the authority of a lower level of government to act on a particular issue, was historically used as a point of negotiation in the legislative process… Read the whole article here.
Assessing the Impact of Federal and State Preemption in Public Health: A Framework for Decision Makers.
In public health, preemption occurs when a higher level of government takes away the power of lower jurisdictions to adopt stronger laws. This article discusses the background and rationale behind Grassroots Change’s Preemption Framework, a tool to help grassroots advocates assess and respond to state and federal preemption.
- American Journal of Public Health. Mark Pertschuk, Robin Hobart, Marjorie Paloma, Michelle A. Larkin and Edith D. Balbach.
Home fires account for 85% of fire deaths in the United States, the majority in 1- or 2-family homes lacking fire sprinklers. Since 1978, however, a grassroots movement has successfully promoted more than 360 local ordinances mandating sprinklers in all new residential construction, including 1- and 2-family homes. The homebuilding industry has responded by seeking state preemption of local authority, a strategy previously used by other industries concerned about protecting their profits. From 2009 through 2011, 13 states adopted laws eliminating or limiting local authority over residential fire sprinklers. This study of the residential sprinkler movement adds to our understanding of grassroots public health movements and provides additional evidence that preemption can have a negative impact on public health and safety. (Am J Public Health. Published online ahead of print August 15, 2013: e1–e8. doi:10.2105/AJPH.2013.301317)
A one-page handout on lessons from the grassroots fire prevention movement for advocates working on other public health and safety issues.
The Impact of State Preemption of Local Smoking Restrictions on Public Health Protections and Changes in Social Norms
This article presents the findings of research on the impact of state laws that preempt local smokefree ordinances, including the negative impact of state preemption on social norms change. Public health advocates are advised to learn about preemption while working towards local change.