Back in February, we wrote about how a law banning cities and counties from passing any local regulations on guns whatsoever put St. Petersburg in a bit of a legal pickle. Councilwoman Lisa Wheeler-Bowman had wanted to pass a resolution calling for stronger assault rifle restrictions in the wake of the Pulse nightclub massacre. It was just a symbolic measure, but the city's legal department was cautious, given that in 2010 state lawmakers passed a bill preempting any local attempt to regulate guns. Fortunately for Wheeler-Bowman, since the resolution was merely an expression of a sentiment, the state opined that the council was free to do so. But the ordeal had a chilling effect on local elected officials, given that penalties for defying the law included fines and removal from office.
“Imagine being told that, as a councilperson, you cannot speak, not even your opinion on any type of gun regulations,” Wheeler-Bowman said at the time.
This week, in conjunction with the possible launching of an effort to ban plastic shopping bags in St Pete after a court overturned Florida's preemption on plastic bag bans, we'd like to once again examine the issue of preemption.
Because we simply cannot talk about it enough.
In recent years — some argue going back to about 2010, when the industry-funded Tea Party takeover of state legislatures as well as Congress — legislatures have been keen on undermining local control.
It's a reflection of the great cultural divide in Florida, where Republicans have a disproportionate amount of control despite the state having a relatively even number of Rs and D's (and a growing number of Independent and non-party voters). And the only way to fix this is for Democrats and progressives to be much more diligent in showing up to the polls and voting down the ballot, even in off years.
In the mean time, the Campaign to Defend Local Solutions is leading the charge against efforts to preempt local control, largely via spreading public awareness of what it is and how it's happening.
Mike Alfano, manager of the campaign, said it's a lot easier for industry leaders whose profits may see a ding if a city or county wants to limit plastic straws or create a living wage that's higher than the state minimum to approach friendly state lawmakers who can push blanket policies rather than try to lobby dozens of cities and counties.
"They see it as a lot easier to go to the state legislature and lobby than it is to go to, in Florida the 415, 416 cities that we have and the 67 counties and talk to folks at the local level," Alfano said. "And it's a lot harder for folks to have their say in these situations. When it's a city council or a county commission taking up a measure, these are people that you see in the grocery store and can go after work to a meeting and have their voice heard. Or easily meet with their local elected official.”
It's also easier to ignore opposition at the state level when, during session, it's harder for opponents of a proposed preemption to get all the way up to Tallahassee, a four-hour drive for Tampa Bay residents and an eight-plus hour drive for those coming from South Florida.
Thus, in addition to bans on gun and environmental regulations have sought what Alfano calls an "extremely draconian" ban on "sanctuary" cities, local hiring ordinances and even a blanket preemption that would have barred cities and counties from any type of regulation on a business, from imposing more accountability in cases of wage theft to barring companies from any type of discrimination.
“It's an attack on some of the foundational democratic principles of our country, where folks can elect folks at the local level to put laws in place that reflect the values of their local community,” Alfano said.
The good news is that cities have been fighting back, and the recent court victory for Coral Gables over its plastic bag ban has of course emboldened St. Petersburg in its effort to become the second city — and the biggest one — to stand up to the state."
http://www.cltampa.com/news-views/politics/article/20852606/what-home-rule-how-florida-lawmakers-try-to-take-power-away-from-cities
This article appears in Jul 20-27, 2017.