When the City of Charlotte added some local ordinances to protect the LGBT community, the North Carolina state legislature stomped on its efforts—and the rights of citizens—with H.B. 2, a bill that has cost the state at least $650 million and counting. When the City of Chattanooga created a high speed Internet service for its citizens, the Tennessee state legislature threw up a ban to strip away the cheap, successful access. Smoking bans, environmental rules, and local taxes have all been subject to state legislatures stepping in to crush local control. Even something as innocuous as putting a fee on the use of plastic grocery bags has brought down the wrath of Republican legislatures in multiple states.
The count of state legislatures that have prevented localities from increasing minimum wage is now up to 20, including states such as New York, Colorado, Oregon and Rhode Island, that are not exactly soaked in deep red. Cities aren’t allowed to make any rules concerning paid leave, even for city employees, in 14 states.
States flexing their muscles over local ordinances is nothing new, but the coordinated wave of consolidating all power in state legislatures goes back to ALEC and a set of sample preemption laws that give legislators pre-packaged power over everything from wages to to soda taxes to food labeling. Cities across the nation are taking a beating, one that is breaking budgets and driving away jobs.
Tallahassee Mayor Andrew Gillum is launching a new organization to fight back against state preemption. Keep reading for an interview with Mayor Gillum and information on how you can join the fight.
Not only is he concerned about the way in which states are stripping away local powers and eroding the strength of democracy, Andrew Gillum has a very personal reason for stepping into this fight.
In 2014, as a Tallahassee City Commissioner, my colleagues and I refused to repeal ordinances that prevent shooting guns in a public park.
Because of our actions that day, and our commitment to the safety of our citizens, my fellow locally elected officials and I are facing fines of $5,000 per vote, damages up to $100,000, and the potential to be removed from our elected jobs by the Governor of Florida. We have also been forced to find our own lawyers to defend us in Court.
Florida’s preemption law follows the ALEC model, which is incredible in the way it attacks basic principles of our democracy. In a conversation with Mayor Gillum, he spoke to the provisions of the law designed, not just to repeal local ordinances, but to punish local officials for the high crime of disagreeing with the NRA.
Gillum: It’s unprecedented. The state has acted to strip local elected officials of immunity. Rather than suing the locality, the law allows them to be sued personally. They don’t go after the office, they go after the person.
The person being sued isn’t allowed to use local government resources to defend themselves, even though they are being sued for doing their job as a local elected official. They have to pay for their own defense, and, incredibly, face a fine for the crime of disagreeing with the state. They can even be removed from office by the governor—giving the governor a veto over local elections.
Gillum: It’s draconian. It tramples on the right to disagree. And it’s not just Florida. As Florida goes, so goes the nation, and that’s not just true in how elections are determined. This is well-financed, powerful interests using their position with the state to enforce their will on everyone. It goes right to the basis of our democracy.
When asked about whether this state vs. city fight was an extension of the rural vs. urban division expressed in the election just past, Gillum indicated that it was not that simple.
Gillum: Republicans have always maintained that government was at its best when it governed locally, but now they’ve abandoned that position. The reason goes back to the powerful interests financing preemption. Those interests don’t want to have to fight in every city, county and town—especially when they know they would have a hard time winning. They don’t want to make their arguments locally, they want to make their arguments in the place where they already have control.
To start pressing back against the wave of preemption, Andrew Gillum is launching The Campaign to Defend Local Solutions. The site officially launches next week, but those in a hurry to join can sign up there now.
Gillum: This affects localities at all levels. It’s stifling your local councilman and suppressing your local school board. It allows them to set artificial caps on assessments, or to punish local officials for ordinances that have no real impact. Even someone just making a policy statement can be fined, sued, and removed from office by the governor. This is an attack on the hallmarks of our democratic society.
Mayor Gillum drew connections between how these rules are being used at the local level, and issues that featured in the Trump campaign.
Gillum: Trump is proposing federal preemption in how he talks about sanctuary cities. He’s not just threatening to overturn their ordinances, but to punish them by withholding funds that have nothing to do with those rules. He’s threatening to penalize cities by withholding funds for the most vulnerable in our society.
On the financial front, both federal and state preemption creates a kind of “self-fulfilling prophecy” by attacking programs and localities that Republicans have already termed ineffective. That’s why local taxes and assessments are often subject to preemption.
Gillum: They want to make public institutions, including public education, look inept. So they set artificial funding caps that starve the public system.
Andrew Gillum is challenging the constitutionality of the Florida preemption law and rules that attempt to bully local officials into silence. A hearing on his challenge goes before a three judge panel next week.
It’s no coincidence that Republicans are seeking to destroy local power at a time when Democrats seek to rebuild the party from the ground up. Having reached the top of the ladder in many states, Republicans are working hard to cut off the lower rungs, turning school boards and city governments into meaningless gatherings that can only mimic the rules handed down. This is one of the most important fights facing the nation, and one that needs the Kos community’s involvement. It wouldn’t hurt to sign up in advance.
Addendum
As a fan of Mayor Gillum, I couldn’t help but ask a few questions not related to the current topic. During the campaign, one of the hacked emails turned up his name on a (moderately short) list of potential vice presidential choices.
MS: Were you aware you were under consideration before the email was made public?
Gillum: I believe the campaign’s positions is that they can neither confirm nor deny the authenticity of that email. I will say that I greatly enjoyed my time with the Clintons. I believe unequivocally she was the best qualified candidate. I know there were people out there thinking “A pox on both their houses. My life hasn’t been that great, so I don’t think there’s much difference.” But there’s a difference.
Florida also came up for discussion.
MS: You said ‘As Florida goes, so goes the nation.’ How goes Florida?
Gillum: It’s hard. When you haven’t had a democratic governor in twenty years, it’s really hard. Governors provide leadership, nurture the party, and put people into leadership positions. Democrats can’t just come awake during presidential campaigns. These local campaigns have impact. It can’t all be about pressing down. We have to build up. It’s not as if Florida’s a solid red state. We went for Obama twice—and for Al Gore, if you go by just the votes—but the state party is given limited resources. That makes it hard to have involvement at all levels.
And finally …
MS: Speaking of governorships, what office in Tallahassee are you looking to occupy in 2018?
Gillum: I’ll tell you this much: from now until 2018, I’m going to be in the office of Mayor of Tallahassee. That’s my job.
MS: But if you decide to go for another job, you’ll let us know?
Gillum: I will.