20 June 2017

CityLab: City vs. State: The Story So Far

The “Fight For 15” movement is really about cities. By November 2016, Riverstone-Newell writes that nearly forty cities and counties had agreed to local increases in the minimum wage ranging from $8.50 to $15.75 an hour in states such as Arizona, California, Florida, Illinois, New Mexico, Maryland, Washington, and Maine (plus Washington, D.C.). Right now, 29 states set a higher minimum wage than the federal government and Arizona, Colorado, Maine, and Washington passed statewide raises in 2016. [...]

The fight over sanctuary cities has pitted federal, state, and city officials against each other and is about to come to a head this year as federal funding is in jeopardy. The most prominent example of preemption might be Texas, where Governor Greg Abbott has already blocked $1.8 million in grant funding to Travis County over its sanctuary policy and signed a “super preemption” law last month aimed at punishing local officials who do not cooperate with immigration authorities. It is set to go into effect in September. A Florida bill would impose a $5,000 per day fine on sanctuary cities (and Miami-Dade County has already voted to end its status as a sanctuary city) and North Carolina has a bill pending to strip cities of a variety of revenue sources if they operate as a sanctuary city. Other states that enacted restrictions this year include Mississippi, Georgia, and Indiana. [...]

Cities are up against more than Trump. The GOP controls 33 governorships and both chambers in 32 state legislatures. State preemption laws seek to strip cities of their abilities not just to oppose the White House agenda but to forge policies that reflect the desires, beliefs and concerns of their own residents. State legislatures in the U.S. have long had an anti-urban bias—in 2013, a study I wrote about in CityLab found that bills sponsored by legislators from small or medium-sized cities were overall twice as likely to pass as those that originated in big cities like Chicago or New York.

Another hurdle for cities is the constitutional challenge that they are legally considered “creatures of the state.” Republicans narrowly advocate for states’ rights in the face of federal power, arguing that cities don’t have the right to challenge the state. But this misremembers the origin of rights—they belong to people. Here’s how an Ohio Republican state senator summed up his opposition to Cleveland’s minimum wage hike: “[W]hen we talk about local control, we mean state control.”

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