City leaders complain of preemption laws
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The Ohio Constitution gives cities like Columbus the power to govern themselves, but local officials still face large hurdles outside of City Hall when trying to solve issues like gun violence and pollution.
Driving the news: There's a simmering dispute between municipal and state governments over "preemption laws" designed to obstruct local policymaking.
Why it matters: City leaders complain these laws are tying their hands, preventing meaningful action to produce safer, stronger communities.
State of play: A growing number of laws passed at the Ohio Statehouse are trumping the notion of "home rule."
- For instance, state law and court precedent restrict local gun regulations like the ones passed in Columbus last year.
- Other preemption laws prohibit cities from taxing single-use plastic bags and installing more absentee ballot drop boxes.
- Lawmakers similarly tried to forbid local tobacco product bans, but Gov. Mike DeWine vetoed the bill.
Between the lines: Republicans in control of state government have been known to champion local control when it's in line with their politics.
- GOP lawmakers frequently argue against "one-size-fits all solutions," such as during the pandemic when statewide orders impacted cities and rural areas alike.
Yes, but: They've also defended preemption laws as pro-business and needed to promote uniformity.
- "This patchwork of laws is confusing, unreasonable, difficult to enforce and nearly impossible for the average citizen to follow," Sen. Kristina Roegner (R-Hudson) testified on her bill to outlaw municipal knife bans, which went into effect last year.
- Attorney General Dave Yost has filed repeated lawsuits against the federal government for alleged administrative overreach, all while contesting Columbus' ability to enact local gun policies.
The other side: Mayor Andrew Ginther tells Axios Columbus he's "very frustrated" with preemption and wants Ohio to get out of the city's way.
- City Attorney Zach Klein is battling state officials in court to enact safe gun storage and high-capacity magazine prohibition laws.
- "Self-governance is the bedrock of our nation, the belief that citizens should have the right to come together to decide what's best for their community," Klein said last year.
Zoom out: The conflict often plays out in a city controlled by a separate political party than the state, like in Ohio, but not always.
- "I don't think any city in America likes preemption," said Miami Mayor Francis X. Suarez at the recent U.S. Conference Mayors gathering in Columbus.
- Suarez, who called local control a "conservative principle," has beefed with Florida governor and fellow Republican Ron DeSantis.
- Kansas City Mayor Quinton Lucas, a Democrat, agreed that home rule is the best route toward positive change, saying "those who are closest to the problem are closest to the solution."