Preemption News

Regulating Guns in New Orleans: An Op-Ed

NOLA Defender

by Annika Mengisen

In a city with an out-of-control murder rate, opinion columnist Annika Mengisen explores New Orleans’ prospects for reining in the availability of the weapons used to do most of the killing.

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Monday, February 6th, 2012 Preemption News No Comments

Cleveland files in court to keep its ban on trans fats

By Evelyn Theiss, The Plain Dealer

CLEVELAND, Ohio — Cleveland has a message for Ohio legislators: We have the right to make laws on what we prohibit inside our borders, not you.

Last April, Cleveland City Council passed a law to ban restaurants from using cooking oils containing trans fats, as part of its Healthy Cleveland initiative.

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Wednesday, January 4th, 2012 Preemption News 1 Comment

IOM Report: Revitalizing Law and Policy

For the Public’s Health: Revitalizing Law and Policy to Meet New Challenges

For the Public’s Health: Revitalizing Law and Public Policy to Meet New Challenges, the second of three reports by the Committee on Public Health Strategies to Improve Health, builds on earlier Institute of Medicine efforts to describe the activities and role of the public health system. As defined in the 2003 report The Future of the Public’s Health in the 21st Century (IOM, 2003), the system is multi-sectoral and comprises governmental public health agencies and various partners, including the community (individuals and organizations), the clinical care delivery system, employers and business, the mass media, and academia, or more broadly, the education sector. The committee’s first report (IOM, 2011) redefines the system as simply “the health system.” By using this term, the committee seeks to reinstate the proper and evidence-based understanding of health as not merely the result of clinical care, but the result of the sum of what we do as a society to create the conditions in which people can be healthy (IOM, 1988).

Recommendation 5: The committee recommends that when the federal government regulates state authority, and the states regulate local authority in the area of public health, their actions, wherever appropriate, should set minimum standards (floor preemption) allowing states and localities to further protect the health and safety of their inhabitants. Preemption should avoid language that hinders public health action.

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Wednesday, September 14th, 2011 Preemption News No Comments

Governor blocks limits on sprinkler rules

State House Bureau Chief

CONCORD — A second legislative attempt to block local fire and planning officials from setting rules on residential sprinklers has been vetoed.

Gov. John Lynch Wednesday vetoed Senate Bill 91, saying it intrudes too far on local authority.

SB 91 bars towns and cities from passing ordinances that require fire sprinkler systems in new one- and two-family homes. It also bars them from enforcing existing ordinances that require them in manufactured homes situated in trailer parks.

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Thursday, July 14th, 2011 Preemption News No Comments

Local Laws Fighting Fat Under Siege

NY Times, June 30, 2011

Several state legislatures are passing laws that prohibit municipalities and other local governments from adopting regulations aimed at curbing rising obesity and improving public health, such as requiring restaurants to provide nutritional information on menus or to eliminate trans fats from the foods they serve.

In some cases, lawmakers are responding to complaints from business owners who are weary of playing whack-a-mole with varying regulations from one city to the next. Legislators have decided to sponsor state laws to designate authority for the rules that individual restaurants have to live by.

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Friday, July 1st, 2011 Preemption News 2 Comments

Mayor Urges Local Control on Fire Codes

Brookfield Mayor Steve Ponto asks state lawmakers to reject Senate Bill 32 which would prohibit municipalities from enforcing stricter fire codes than the state.

By Steve PontoEmail the author | June 13, 2011

The League of Wisconsin Municipalities recently produced a two-page list of state budget items and proposed state legislation which would preempt or limit municipal powers. What is particularly disappointing is most of these proposals are being sponsored by Republican state legislators.

The Republican Party, in its platforms and resolutions, has long advocated more local control and less centralized power. In fact the first principle on the Wisconsin Republican Party’s website includes:  “. . . the most effective government is government closest to the people.”

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Tuesday, June 14th, 2011 Preemption News No Comments

Amendment may ban Cleveland’s ban on trans fats

CLEVELAND — Cleveland City Councilman Joe Cimperman is mad. The ordinance he helped get passed in Cleveland that would ban restaurants from using trans fats in food may get overturned by another law.

The Ohio Restaurant Association convinced the Ohio Senate to add an amendment to the proposed state budget that would ban local municipalities from regulating the ingredients fast food-type eateries can use to prepare foods.

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Friday, June 10th, 2011 Preemption News No Comments

Fast-food industry is quietly defeating Happy Meal bans

Sharon Bernstein, Los Angeles Times

May 18, 2011

The restaurant industry is quietly — and successfully — fighting back against the enactment of so-called Happy Meal bans, which forbid restaurants like McDonald’s to hand out toys with children’s meals that are high in calories.

Moving under the radar so stealthily that in some cases local politicians and anti-obesity activists missed it entirely, lobbyists in Florida and Arizona backed successful efforts to take away the power to enact such bans from cities and counties. In Nebraska, a proposed statewide Happy Meal ban died in February, even before its first legislative committee hearing.

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Wednesday, May 18th, 2011 Preemption News 2 Comments

Fast-food lobbies U.S. states on “Happy Meal” laws

SAN FRANCISCO (Reuters) – Fast-food companies are asking U.S. state legislators to remove restaurant marketing from local governments’ regulatory menu, in the latest industry bid to stay a step ahead of anti-obesity laws.

The lobbying push, which has succeeded in Arizona and gained traction in Florida, aims to stop marketing restrictions before they start. The efforts come as food companies face increasing scrutiny from the U.S. government over how they pitch their products to youngsters as obesity rates rise.

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Monday, May 9th, 2011 Preemption News No Comments

Lobbyists flock to Capitol ahead of tobacco regulation vote


Big tobacco companies have hired a slew of influential Oklahoma lobbyists this year to help the industry defeat legislation that would let cities regulate smoking.
At least 13 lobbyists for tobacco companies are at the Capitol this year, up from nine at this time last year, according to the Oklahoma Ethics Commission.
In recent weeks, the lobbyists have ramped up efforts to secure votes against House Bill 2135, which would give cities the power to regulate smoking in public.

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Wednesday, March 9th, 2011 Preemption News No Comments

« Previous Entries


  • Risk of Preemption in the Smoke-Free Housing Movement

    Over the last few years, the movement to promote smoke-free policies for multi-unit housing has been extremely successful.  Thousands of privately own apartment buildings have voluntarily implemented policies prohibiting or significantly restricting smoking in common areas, individual units, on patios and balconies and on the entire property.  Public housing authorities…

  • IOM Takes the Lead on Local Public Health and Preemption

    The Institute of Medicine has addressed federal and state preemption in a new report on law and policy in public health. Among the most authoritative, and unbiased, voices in public health, the IOM has concluded that federal and state preemption should be avoided “unless there are compelling reasons to the…

  • Preempting a movement for childhood obesity prevention

    Taking a well-worn page from the playbook of the Tobacco Industry, the fast food industry is quietly, and so far successfully, eliminating local control over nutrition policy. In March, the Arizona legislature passed a preemption bill written by the Arizona Restaurant Association.  The new law, which goes into effect in July, takes away the authority…

  • Preemption threatens grassroots fire prevention movement

    About 3000 Americans die in home fires every year and thousands more are injured. Home fires are the greatest cause of fire deaths and injuries, and children under five and older adults face the highest risk. One of the great public health success stories of the past decade is the grassroots movement for…

  • Preemption should be the exception, not the rule

    There’s been bad news on the federal preemption front recently, but there’s some good news, too. Last month, the Administrative Conference of the United States published a Recommendation for the first time in fifteen years—about preemption in federal rulemaking. The Recommendation explains a Clinton-era Executive Order (that builds upon a…


  • Regulating Guns in New Orleans: An Op-Ed

    Louisiana is one of 42 states…that prohibits any political subdivision from passing an ordinance or regulation concerning the sale, purchase, or ownership of guns that’s more restrictive than state law.

  • Cleveland files in court to keep its ban on trans fats

    Jackson was joined…by council members Phyllis Cleveland and Joe Cimperman… Cleveland, council majority leader, noted that she had voted against the trans fat ban last year…
    “But I stand here in support of our mayor and our partners,” she said… We see our city power being attacked by Columbus… [O]ur right to govern ourselves is being eroded.”

  • IOM Report: Revitalizing Law and Policy

    “[U]nless there are compelling reasons to the contrary, the federal government ought not preempt state and local authority in advancing the public’s health.”

  • Governor blocks limits on sprinkler rules

    By TOM FAHEY State House Bureau Chief CONCORD — A second legislative attempt to block local fire and planning officials from setting rules on residential…

  • Local Laws Fighting Fat Under Siege

    NY Times, June 30, 2011 By STEPHANIE STROM Several state legislatures are passing laws that prohibit municipalities and other local governments from adopting regulations aimed at…


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