LMR_October FINAL 2018

Legal Briefs
ANOTHER LEGISLATIVE HURDLE?!
BY KAREN DAY WHITE, EXECUTIVE COUNSEL
News and social media outlets are littered lately with
discussions of partisanship in the Louisiana Legislature,
and how such a dynamic makes it very difficult to
get even innocuous legislation passed. On top of
regional and party interests, there is also an element
of infringement from national groups, who attempt to
insert their national political agenda into state (and
sometimes even local) politics. Now, there is another
obstacle for local government advocates to contend
with: corporatism.
This is an alarming trend whereby powerful private
corporations use their influence to reduce, restrict,
and prohibit local regulations of their industry. This
dovetails into the recent rise in preemptive state
legislation regarding local governments – from plastic
bags, to parking, to zoning and taxation issues. Under
the corporatism scheme, large trade associations
leverage the power to push through legislation that
would be harmful to state government in exchange for
state preemption of local government authority.
For example, during the 2018 legislative session in
California, the American Beverage Association, who
represents the major soda and sugar-sweetened
beverage brands, proposed to push a measure onto the
November ballot that would have seriously weakened
the ability of California governments to raise revenue.
They dropped that push in exchange for a ban on
new local taxes on sweetened beverages until 2030.
Other examples include the 25-state preemption of
local minimum wage-setting, the 22-state ban on
local workers earning paid sick days, and the 43-state
preemption on locals establishing their own parameters
for gun control. Whatever your opinion is on these
issues, local governments are endowed with the
authority to make the decisions that best reflect their
community standards and goals.
Given the myriad of proposed preemptive legislation at
the Louisiana State Capitol in recent years, one is left
to wonder how much is due to corporate pressure and
national political action groups.
Municipal leaders are in the best position to make
decisions to ensure public safety, seek racial and
economic equity, pursue quality of life measures, and
provide for fair elections. Local governments can take
charge of their own affairs in a way that provides full
accountability to their citizens, and
they should not live under constant
threat of state interference because
their local decisions cross corporate interests. The
tiered system of democracy – federal, state, and local –
only works if all three levels function effectively.
The LMA, in collaboration with our local government
partners, will continue to fight back against preemptive
legislation, as we have consistently in the past. Your
voice and your participation in our legislative efforts
are essential to our success. Thank you for being
engaged and watch for more calls to action during the
next session.
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LMR | October 2018