preemption

“I’m really hoping that we can avoid preemption.”

“However, we feel that section 3’s preemption language, combined with the possibility of alcohol, increases the likelihood of criminal activity.”

Despite multiple recent attempts to undo the ban, the bill, if passed, would be a so-called “trigger law” and only go into effect in the event that the state repealed the preemption.

This year, state Democratic lawmakers introduced a pair of bills: one to remove the preemption law passed in 1981 and one to enact a milder version of rent control statewide.

After oral arguments, many legal observers and labor rights activists prepared for the worst, foreseeing a complete shutdown of this Garmon preemption doctrine that would open strikers everywhere to a flurry of lawsuits.