Conclusion

State interference has been an unmitigated disaster for policy advocates working for racial, economic, and health equity at the local level. But preemption also creates an opportunity to take a step back and appreciate that good policy requires a strong working relationship between local, state, and federal governments. Too often, both conservatives and progressives have valued local, state, or federal power based on where they currently hold power, conveniently prioritizing whatever level of government will help achieve their particular policy goals. Currently, centrist and progressive groups are the ones suffering the consequences of an out-of-balance relationship between state and local government, which gives them the chance to deepen their commitment to local democracy as an end itself, not just as a means to promote their policy goals. Protecting local democracy deserves to be considered part of a greater package of pro-democracy reforms that should rise above particular partisan or policy interests—alongside fair redistricting, ending voter suppression, and getting dark money out of politics.

Preemption is also a symptom of a broader weakness in the progressive movement: a coalition that is too geographically concentrated to govern at the state level in most parts of the country. Because of preemption, it is futile to adopt a fortress mentality: to implement a policy agenda from large progressive cities without a plan to at least play defense with state legislatures. Preemption cannot be solved exclusively by campaigns against preemption—ultimately, proponents of local democracy need a theory of change to build state power.

Local public officials and diverse policy interests have much to gain by recognizing preemption as a shared threat and rallying their will to fight back. In addition to legal remedies, advocates can build coalitions across issue silos, educate public officials, judges, and city attorneys about preemption, bring the fight into the public square, engage voters, and reform home rule. City champions still have tools to defend local democracy even as the forces of political polarization rage.