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How Preemption Can Lead to Inequity.

Y Tony Yang1,2,3, Carla J Berg3,4

  • 1Center for Health Policy and Media Engagement, School of Nursing, George Washington University, 1919 Pennsylvania Ave. #500, Washington, DC 20006, USA.

International Journal of Environmental Research and Public Health
|September 9, 2022
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State preemption laws hinder local public health efforts, disproportionately harming marginalized communities during the COVID-19 pandemic. Addressing this misuse is crucial for achieving health equity.

Keywords:
covid-19health disparitieslawpolicypreemptionsocial determinants

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Area of Science:

  • Public Health Policy
  • Health Equity Research
  • Urban Governance

Background:

  • Local governments historically drive equity and inclusion initiatives.
  • State preemption laws often block local ordinances, impacting community needs.
  • COVID-19 highlights disparities exacerbated by state legislative overreach.

Purpose of the Study:

  • Analyze the impact of state preemption on local public health actions.
  • Examine the disparate effects of preemption on vulnerable communities.
  • Advocate for stakeholder involvement in combating preemption misuse.

Main Methods:

  • Conceptual framework development for disparity measurement.
  • Analysis of state preemption laws and their effects.
  • Case study approach examining COVID-19 responses.

Main Results:

  • Preemption obstructs local public health measures, particularly in majority-minority communities.
  • COVID-19 disproportionately affects communities with limited local policy-making power.
  • State laws override local needs, hindering effective crisis response.

Conclusions:

  • State preemption undermines local capacity to address public health crises.
  • Addressing preemption is essential for advancing health equity.
  • Collaborative efforts are needed to reform or mitigate state preemption's negative impacts.