A new lawsuit filed today in Sacramento Superior Court challenges the legality of a California law that prevents local governments from potentially raising millions of dollars in revenue to pay for critical programs and services during health and economic crises, including the COVID-19 pandemic. Filed by Jarvis, Fay & Gibson, LLP, on behalf of Cultiva La Salud and Martine Watkins, a resident of Santa Cruz who serves on the Santa Cruz City Council, with support from ChangeLab Solutions and the American Heart Association, the lawsuit challenges a law pushed through the California legislature by the beverage industry in 2018 that prevents local governments from enacting new sugary drink taxes until 2031. The lawsuit contends that the state statute unlawfully penalizes charter cities that exercise their constitutionally protected authority to manage their municipal affairs, which includes taxation.
The lawsuit could have major implications for communities in California and across the country that are seeking to overturn state laws interfering with local governments’ ability to pass policies that improve the health and well-being of their residents.
On Monday, August 10, ChangeLab Solutions hosted a briefing for journalists featuring leading experts who addressed:
Why the law violates the California state constitution
How the misuse of preemption threatens the health and well-being of local communities in California and across the country
The importance of local governments retaining their authority to pass laws and create policies that improve the lives of their residents
How special interests’ growing use of preemption prioritizes corporate profits over health and equity
WHO:
Sarah de Guia, JD, Chief Executive Officer, ChangeLab Solutions (moderator)
John Maa, MD, General Surgeon, MarinHealth Medical Center, and Board Member, American Heart Association
Genoveva Islas, MPH, Founder and Executive Director, Cultiva La Salud
Kim Haddow, Director, Local Solutions Support Center
Xavier Morales, PhD, MRP, Executive Director, The Praxis Project