Handbook·Glossary·Local government

Preemption

Glossary·Verified 2026-07-10

Definition

Preemption is when a state legislature passes a law that overrides or blocks a city or county's ability to regulate a given issue, even if the local government has home rule authority to act on other matters.

Why it matters

Preemption is often used after a city passes a policy the state legislature dislikes, so residents can win a local fight only to have the state nullify it entirely. The trend has been growing: a Temple University and National League of Cities analysis found most states preempted more policy topics in 2024 than in 2019, with firearms regulation the most frequently preempted area.

Seen in the wild

Missouri's state legislature preempted St. Louis's local minimum wage increase, striking it down after the city had raised its wage above the state minimum, an example widely cited in National League of Cities preemption tracking as part of a broader pattern of state legislatures overriding city wage and labor policy.1

Sources

  1. National League of Cities, "Five Year Review: How State Laws Have Impacted Local Decision-Making," 2025. source ↩