Preemption allows corporations to boost their profits by suppressing local government power, community groups and citizens.
Last week, the National League of Cities released a report tracking an outbreak of state laws stepping on and nullifying local progressive laws and policies across the country. The picture it paints in seven key areas is shocking to anyone who believes in local democracy.
The report, “City Rights in an Era of Preemption,” says 24 states have preempted local minimum wage increases; 17 have stopped paid sick or family leave; three have voided anti-discrimination protections for LGBT individuals; three have stopped laws aimed at home sharing (like AirBnB that has tightened affordable housing options); 37 have blocked local regulation of ride sharing (that compete with the more heavily licensed taxis); 17 have blocked municipal broadband (challenging telecom monopolies); and 42 have limited local taxation and spending.
Preemption is the legal term that describes this legal assault, which extends to many more areas, among them firearms, factory farms, pesticide regulation, fracking, nutrition labeling, and e-cigarettes. In almost all instances, preemption is a deliberate state government-sanctioned corporate takeover to boost private profiteering by suppressing local government power, community groups and citizens. The big exception outside profiterting are anti-LGBT measures, which reflect another far-right agenda.
AlterNet’s Don Hazen and Steven Rosenfeld recently spoke to Mark Pertschuk, director of Grassroots Change and Preemption Watch about this insidious trend. Pertschuk discusses its growth in recent years, its explosion in 2016 and 2017 as Donald Trump has diverted media attention, and how grassroots protests have been effective in exposing, slowing and stopping some brazen corporate power grabs.
Pertschuk’s message is harrowing and hopeful. On the one hand, there is huge momentum behind preemption that often protects corporate interests, but sometimes is simply a stand in for right-wing ideology. There is hope, however, because there are key cases where community activists have been able to marshall broad public support and legislatures have backed down. And increasingly, elected officials like Tallahassee, Florida, Mayor Andrew Gillum, have beaten the GOP and gun lobby in court, and are creating coalitions with other elected officials to defend local democracy.