4 thoughts on “Erie Latest City to Buck Preemption”

  1. “…where the government refuses to stand for reelection and silences those who protest; where courts have lost the courage to oppose, or can find no one to enforce their decrees. However improbable these contingencies may seem today, facing them unprepared is a mistake a free people get to make only once.”

    Ninth Circuit Court Chief Judge Alex Kozinski

  2. They know it exists. But ever since the PA Supreme Court dismissed the case against it in Philly due to lack of standing, these city governments are passing the law anyway and waiting for someone to have standing to challenge it. And that’s something they’re hoping will never happen, because A) the situation which must take place is so specific it makes this law useless, and B) they’re betting most people would rather comply than fight if found in such a situation.

  3. The PA Supreme Court never spoke on this issue. The Philadelphia suit was dismissed in Commonwealth Court, and the Pittsburgh case was dismissed in Allegheny County Court of Common Pleas.

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