News & Analysis as of

Local Ordinance Preemption State and Local Government

Rumberger | Kirk

Florida Develops Comprehensive Plan to Address  Camping and Sleeping on Public Property

Rumberger | Kirk on

In an effort to address homelessness, effective October 1, 2024, the State of Florida implements its comprehensive plan to preempt local ordinances permitting public camping or sleeping, to provide standards for lawful...more

Farrell Fritz, P.C.

Court of Appeals Affirms Appellate Division Decision Invalidating Town's Discharge Ordinance

Farrell Fritz, P.C. on

In a unanimous decision, the Court of Appeals upheld the Second Department’s decision in Hunters For Deer v Town of Smithtown that the Town may not regulate discharge setbacks for bow and arrow in a manner inconsistent with...more

Holland & Knight LLP

California's Pro-Housing State Legislation Prevails Over Local Voter Measures

Holland & Knight LLP on

As Holland & Knight has previously reported, California courts have consistently enforced state housing laws that preempt land use and planning decisions by local governments. (See previous Holland & Knight alerts, "Court of...more

Williams Mullen

Court Holds Local NIMBY Ordinance Preempted by State Law

Williams Mullen on

The “not in my back yard” (NIMBY) doctrine taking hold across the United States was recently dealt a setback in South Carolina. The United States District Court for the District of South Carolina, Florence Division, recently...more

Littler

Silence From On High: The Uncertain Future of Texas Paid Sick Leave Ordinances

Littler on

On June 5, 2020, the Texas Supreme Court refused to review a case that could have decided whether municipal paid sick leave ordinances in Texas were lawful. Specifically, it denied a petition from the City of Austin to review...more

Farella Braun + Martel LLP

Is Your Business an “Essential Business”? Navigating California State and County COVID-19 Shelter-In-Place Orders

In light of the recent “Shelter-In-Place” orders issued by all nine Bay Area counties (Alameda, Contra Costa, Marin, San Francisco, San Mateo, Santa Clara, Sonoma, Solano, and Napa) and the subsequent “Stay-At-Home” order...more

Payne & Fears

You Can't Ask This: The Spread of Salary History Bans and What It Means for Employers

Payne & Fears on

A growing number of state and local governments across the country are enacting laws that limit employers’ ability to ask about or consider applicants’ salary history. These laws are part of a nationwide effort to reduce pay...more

Seyfarth Shaw LLP

If Pain, Yes Gain—Part 79: Will the PSL Bug Infect New York State in 2020?

Seyfarth Shaw LLP on

Seyfarth Synopsis: During his 2020 State of the State remarks, Governor Andrew Cuomo announced a statewide paid sick leave (“PSL”) proposal as part of his agenda in support of New York employees. If successful, New York would...more

Perkins Coie

Charter Cities Must Adhere to Affordable Housing Requirements of the Surplus Lands Act

Perkins Coie on

The statewide concerns underlying the affordable housing provisions of the Surplus Lands Act superseded municipal home rule authority on the same subject and hence required charter cities to comply with the affordable housing...more

Littler

WPI Wage Watch: Minimum Wage, Tip, and Overtime Developments (December 2019 Edition)

Littler on

We remember when legislative and regulatory developments rarely occurred in December, but those days are behind us. A Reminder About New Year's Eve & New Year's Day Rate Increases: Many minimum wage, tipped and exempt...more

Seyfarth Shaw LLP

If Pain, Yes Gain—Part 77: Court Approves Temporary Injunction of San Antonio Sick and Safe Leave Ordinance

Seyfarth Shaw LLP on

Seyfarth Synopsis: On Friday, November 22, 2019, the trial court presiding over the San Antonio paid sick leave (“PSL”) lawsuit enjoined the City of San Antonio’s amended Sick and Safe Leave Ordinance (“SSLO”). While the SSLO...more

Farrell Fritz, P.C.

Lack of Standing Prevents a Challenge to a Local Law that Requires Massage Therapists to be Licensed by the Municipality

Farrell Fritz, P.C. on

The Appellate Division recently issued a decision that explained why a massage therapist and the American Massage Therapy Association, (AMTA), a professional organization of massage therapists, lacked standing to challenge a...more

(ACOEL) | American College of Environmental...

Extending Fundamental Rights to Lake Erie?

An interesting legal battle is playing out in the United States District Court for the Northern District of Ohio over whether the City of Toledo’s establishment of a “Lake Erie Bill of Rights” passes constitutional muster. ...more

Stoel Rives LLP

In Reversal, Minnesota Supreme Court Finds State Law Does Not Preempt Proposed City Charter Amendment On Municipal Waste...

Stoel Rives LLP on

In Jennissen v. City of Bloomington, 913 N.W.2d 456 (2018), the Minnesota Supreme Court recently held that Minn. Stat. § 115A.94 (2016) does not preempt local ordinances concerning municipal waste collection systems, finding...more

Brownstein Hyatt Farber Schreck

FCC Considers Restrictions on Arrangements Between Building Owners and Broadband Providers

The Federal Communications Commission (“FCC”) has launched a review of arrangements between building owners and communications companies that govern the provision of communication services to building tenants. The purpose of...more

Littler

Texas Paid Sick Leave Question of the Hour: What do Employers do Now?

Littler on

Just when Texas employers were about to breathe a sigh of relief, believing a reprieve from mandatory compliance with three separate municipal paid sick leave ordinances was on its way, the Texas Legislature failed to pass a...more

Seyfarth Shaw LLP

If Pain, Yes Gain—Part 66: Texas Legislative Session Ends Without Statewide Sick Leave Preemption; San Antonio and Dallas Mandates...

Seyfarth Shaw LLP on

Seyfarth Synopsis: Despite gubernatorial support, passing through the state Senate, and being reported favorably out of Committee in the House, multiple bills that likely would have preempted local sick leave ordinances in...more

Littler

The Battle over the Minneapolis Sick and Safe Time Ordinance Continues: Court Holds the Law Applies to Employers Outside City...

Littler on

On April 29, 2019, the Minnesota Court of Appeals overturned a state district court ruling and found that the Minneapolis Sick and Safe Time Ordinance (SST Ordinance) applies to employers outside the City limits. Previously,...more

Littler

Bucking the Right-to-Work Trend, Illinois Passes Ban on Right-to-Work Zones

Littler on

On April 12, 2019, Illinois Governor J.B. Pritzker (D) signed legislation effectively banning local governments from passing right-to-work ordinances. Public Act 101-0003, titled the “Collective Bargaining Freedom Act,”...more

Best Best & Krieger LLP

Ordinance Regulating Aesthetics of Wireless in Public Rights of Way OK’d by California Supreme Court - Decision in T-Mobile West...

Yesterday marked a win for local government in the fight against preemption over local control of their streets. The California Supreme Court issued a decision in the T-Mobile West LLC v. City and County of San Francisco...more

Bradley Arant Boult Cummings LLP

Take Two: Alabama’s City Versus State Minimum Wage Dispute to Get Full Appellate Review

Minimum wage laws invite controversy, and Alabama’s latest tug-of-war between the state and its largest city is going to get another wider review. You may recall that back in 2015, Birmingham, Alabama, passed a local minimum...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - November 2018 #2

U.S. to Give Eight Nations Oil Waivers Under Iran Sanctions, Official Says - "The U.S. has agreed to let eight countries - including Japan, India and South Korea - keep buying Iranian oil after it reimposes sanctions on the...more

Holland & Knight LLP

New Decisions Offer Important Guidance on California Ballot Box Planning - Rulings Help Reconcile Local Land Use Decisions with...

Holland & Knight LLP on

• Two recent decisions by California courts offer important judicial guidance on the longstanding issue of reconciling local government land use decisions with the referendum and initiative powers reserved to the people by...more

Latham & Watkins LLP

California Court of Appeal Determines State Law Preempts Local Ordinance Provisions in Specific Instances

Latham & Watkins LLP on

CEQA Case Report: Understanding the Judicial Landscape for Development - In a partially published opinion issued April 4, 2018, Small Property Owners of San Francisco Institute v. City and County of San Francisco, Case...more

Littler

Texas Two-Step: San Antonio Joins Austin in Mandating Paid Sick and Safe Leave; Then Court Enjoins Austin Law from Taking Effect...

Littler on

On August 16, 2018, the San Antonio City Council adopted a paid sick and safe leave ordinance which, aside from minor linguistic differences, is identical to the ordinance passed earlier this year in Austin. ...more

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