State Preemption in Theory and Practice: The Case of Parking Requirements

Abstract

In U.S. law, states can override actions of local governments that contravene state interests. In practice, preemptions are often more ambiguous nudges, and local responses can vary by interpretation and interests. This paper explores one such case of state preemption: California's 2022 law that limited local governments’ ability to require automobile parking. We find that the law's complexity and ambiguity created intense debates about interpretations, in all jurisdictions, leading to heterogeneous implementation across cities. Local interests also motivated strategic responses to the law, which we present in a threefold taxonomy: cities interested in parking reform used it as a springboard; cities interested in parking reform but facing local resistance used it as a protective shield; recalcitrant cities treated it as an obstacle or subverted the law. Our analysis shows that preemption is not as clear cut as it seems, and what conditions help and hinder changes in actual outcomes.