preemptionwatch.org

Preemption occurs when the state or federal government eliminates or limits the power of a lower level of government.  Express preemption occurs when legislation or regulations contain preemptive language, often in the form of a “preemption clause.”  Implied preemption occurs when a court finds that a law is preemptive even in the absence of a preemption clause.  Unless a federal or state law has a non-preemption (or “savings”) clause, there is no guarantee that it won’t preempt stronger state or local laws.

Preemption and local control are nearly universal issues across health and public health policy, from alcohol sales to nutrition to fire prevention.  Preemption, once passed, is very difficult to repeal.  To make fully informed decisions about preemptive proposals, the public health community should consider all of preemption’s short-term and long-term consequences, including its impact on grassroots movement building.

Grassroots Movement Building

A grassroots public health movement is guided by and derives its strength from individual, engaged citizens. Grassroots movements can empower the public health field to pursue fundamental policy change.  Even if they are at first unsuccessful, grassroots movements can increase awareness of a health issue, build community readiness for policy change, and lead to healthier social norms.

Local control of health and public health has numerous benefits that are lost when local power is preempted.  Local control provides for accountability and innovation because local legislators interact with their constituents and can craft laws addressing the needs of their own communities, allowing diverse communities to adopt protections for themselves rather than a one-size-fits-all, top-down standard.  As advocates for tobacco control have learned, more intensive and meaningful public education can happen at the community level during a local campaign than during a state or national campaign.

Allowed to grow, grassroots movements and the public dialogue they engender can spark a chain reaction of policy education, innovation, and social norms change.  But by taking away local (or state) control, preemption removes a major reason grassroots movements form in the first place. Thus, preemption can have unforeseen, long-term consequences for the public’s health.