Preemption can be an important tool for creating a “floor” of protections applying state or nationwide; the 1964 Civil Rights Act preempted discriminatory state and local laws. But the opposite is happening now.https://www.washingtonpost.com/politics/gov-brian-kemp-sets-georgia-on-aggressive-course-to-reopen-putting-his-state-at-center-of-deepening-national-debate/2020/04/21/36545638-8372-11ea-ae26-989cfce1c7c7_story.html …
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Instead of a “floor,” states are creating regulatory vacuums, refusing to act on issues and forbidding localities from acting themselves. On top of COVID measures, 22 have preempted local paid sick leave policies & 25 have prohibited local rent control. https://www.nmhc.org/research-insight/analysis-and-guidance/rent-control-laws-by-state/ …pic.twitter.com/vpxIHRxt0L
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These measures are even more critical during the pandemic and its economic fallout, which voters apparently know better than their elected leaders.pic.twitter.com/YRfOMYE0vH
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Do some research to find out whether your state leaders are looking out for you or if they’re stepping in to stop your city or town from keeping you safe. Below are some ways that’s happening around the country:
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An Arizona executive order issued on March 23 prohibited localities from issuing stay-at-home orders or ordering “essential” businesses (which included golf courses, pawnshops, and payday lenders) to close. https://azgovernor.gov/sites/default/files/eo_2021_0.pdf …
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A Mississippi executive order issued on March 24 forbade political subdivisions (including cities, counties, and school districts) from imposing social distancing regulations or business shutdowns stricter than the state’s. https://static1.squarespace.com/static/5ce4377caeb1ce00013a02fd/t/5edd0fecaaa1a7099272d1db/1591545837479/covidstatesand+cities4.2.2pm.pdf …pic.twitter.com/HzCDKzlRfP
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On March 26, Arkansas Governor Asa Hutchinson issued an executive order prohibiting local stay-at-home requirements, arguing that such regulations would interfere with essential operations and commerce. https://static1.squarespace.com/static/5ce4377caeb1ce00013a02fd/t/5edd0fbbf22fa321b4c9be13/1591545788271/covidstatesand+cities4.9.20.pdf …
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An April 1 Florida order “clarified” that state COVID-19 orders superseded local ones. April 2, the governor said cities could still enact stricter protections, but the confusion made localities reluctant to enact stay-at-home orders or close businesses. https://www.flgov.com/wp-content/uploads/orders/2020/EO_20-92.pdf …pic.twitter.com/wIyxNHOrD8
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In Georgia, an April 6 executive order required localities to re-open beaches after several cities had closed them to the public.https://www.washingtonpost.com/nation/2020/04/06/tybee-island-kemp-coronavirus/ …
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