Preemption of Local Government Access to the Courts

Adopted at the 67th Annual Meeting in 1999



  • WHEREAS, The United States Conference of Mayors has a long history of supporting the right of individuals and their duly elected representative governments to have access to state and federal judicial systems; and

    WHEREAS, The United States Conference of Mayors has long opposed federal or state actions which would preempt local authority; and

    WHEREAS, The United States Conference of Mayors is working in partnership with the "Big 7" state and local organizations, which includes the Conference of Mayors, the National Governors' Association, the National Conference of State Legislatures, the Council of State Governments, the National League of Cities, the National Association of Counties, and the International City/County Management Association in support of legislation to stop federal preemption legislation or regulations; and

    WHEREAS, four states have passed legislation which attempts to significantly preempt local government access to the court system on behalf of local citizens; and

    WHEREAS, over 24 states are considering legislation to preempt local government access to the courts; and

    WHEREAS, legislation has been introduced in Congress to preempt local government access to the court system,

    NOW, THEREFORE, BE IT RESOLVED that The United States Conference of Mayors opposes state and federal legislative efforts to preempt local government access to the court system; and

    BE IT FURTHER RESOLVED that The United States Conference of Mayors calls on the other "Big 7" state and local organizations to take action to oppose federal and state efforts to preempt local government access to the court system.
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