An Austin-based conservative think tank is suing the City of Dallas to strike down more than 80 ordinances the group says are in conflict with a state law meant to prevent local governments from overstepping their authority.
The Texas Public Policy Foundation filed the lawsuit in Denton County Wednesday on behalf of Dallas residents Haley Kyles, Daniel Rodriquez and Tami Brown. Parts of Dallas are in Denton County.
The suit alleges 83 city ordinances violate the Texas Regulatory Consistency Act, also known as the "Death Star" law, and burdens taxpayers who fund the municipal courts responsible for enforcing local rules.
“Cities don’t get to pick and choose which state laws they follow,” TPPF senior attorney Matthew Chiarizio said in a statement. “For too long, Dallas has piled unnecessary and duplicative regulations on its citizens. The Legislature has rightly preempted those rules, and this lawsuit is about protecting Texans’ freedom to live and work without being smothered by layers of needless local regulation.”
A spokesperson for the City of Dallas declined to comment.
Passed in 2023, the law is meant to prevent cities and counties from enacting local measures that do more than state law allows. That includes rules covered by the state agriculture, business and commerce, finance, insurance, labor, natural resources, occupations and property codes.
The TRCA is different from Proposition S, a local ballot measure Dallas voters passed last year that allows residents to sue the city for violating the city charter, local ordinances or state law.
Dallas' allegedly unconstitutional ordinances include ones that requires certain city contractors to pay their employees a "living wage," restrict lawn and landscape watering during the summer, and prohibit discrimination regarding public services based on protected characteristics or how people dress, according to the lawsuit.
The foundation is delivering on a promise it made in July, originally threatening to sue the city if officials didn't repeal 133 ordinances. The list came from a memorandum the city sent to state Rep. Rafael Anchia, D-Dallas, in 2023, identifying which ordinances would be affected if the "Death Star" bill passed. Some but not all were repealed.
“We commend Dallas for doing the right thing by repealing a few of its unconstitutional ordinances,” TPPF attorney Nathan Seltzer said. “However, Dallas kept the overwhelming majority of these ordinances on the books, even though it admitted they are preempted by the Texas Regulatory Consistency Act.”
The city of Dallas testified in opposition to the bill at the Capitol. The Republican-backed measure was lauded by Gov. Greg Abbott and business groups who said it would ease the burden of local regulations that harm business owners.
Meanwhile, Democrats, local officials and labor advocates saw it as a blow to the power of urban, blue cities to care for specific community needs.
The Third Court of Appeals in Austin declared the law constitutional earlier this year after the cities of Houston, San Antonio and El Paso sued to block it from taking effect.
Toluwani Osibamowo is KERA’s law and justice reporter. Got a tip? Email Toluwani at tosibamowo@kera.org.
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