Coronavirus (COVID-19) preemption conflicts between state and local governments

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Last updated: January 6, 2022

Ballotpedia covers preemption conflicts between state and local governments in several policy areas. Preemption occurs when law at a higher level of government is used to overrule authority at a lower level. This page summarizes notable coronavirus-related preemption conflicts and links to news coverage about coronavirus preemption conflicts between state and local governments. To learn more about other preemption conflicts, click here.

Municipalities across the country have come into conflict with states in a variety of policy areas including labor, business closures, and stay-at-home orders. In this article you will find:

• An overview
• Preemption conflicts in 2021
• Preemption conflicts in 2020
• Articles and reports on preemption conflicts by state

Overview

Coronavirus (COVID-19) preemption conflicts overview
Year	State	Summary
2021	Texas	The Texas Supreme Court temporarily upheld Gov. Greg Abbott's (R) executive order banning local government mask requirements following legal challenges from local governments.
2021	Florida	Several parents in Florida filed a lawsuit against Gov. Ron DeSantis (R), alleging his executive order banning mask requirements in schools violated the state constitution.
2021	Oregon	Mayor Stan Pulliam, along with a business owner and several interest groups, filed a lawsuit challenging Governor Kate Brown's (D) coronavirus business restrictions.
2021	Florida	Governor Ron DeSantis (R) signed a bill into law preempting local emergency regulations.
2020	Pennsylvania	Lancaster County, among others, proposed reopening ahead of the state timeline.
2020	Georgia	Governor Brian Kemp (R) withdrew a lawsuit against Atlanta's mayor and city council after the city altered its stay-at-home order.
2020	Illinois	The Sangamon County Circuit Court issued an injunction against a school district mask mandate after Governor J.B. Pritzker (D) filed a lawsuit.

2021

Texas: Texas Supreme Court upholds mask requirement ban executive order

On May 18, 2021, Gov. Greg Abbott (R) issued an executive order banning local government entities, including public schools, from issuing mask requirements. In a statement, Abbott said: "Texans, not government, should decide their best health practices, which is why masks will not be mandated by public school districts or government entities. We can continue to mitigate COVID-19 while defending Texans' liberty to choose whether or not they mask up." Local officials or entities that violated the order would be subject to a fine.

The Texas State Teachers Association criticized the order, saying: "The Texas State Teachers Association calls on Gov. Greg Abbott to withdraw his prohibition on mask mandates and allow individual school districts to require mask use in their facilities if local officials believe masks will help protect the health of their communities as schools reopen for the fall semester."

In a Nov. 10 ruling, U.S. District Court for the Western District of Texas Earl Yeakel blocked enforcement of the executive order, saying it violated the Americans with Disabilities Act. On Dec. 1, the United States Court of Appeals for the Fifth Circuit reversed the injunction, allowing the executive order to be enforced.

At the beginning of the 2021-2022 school year, several school districts had mask requirements in place and several lawsuits were filed by school districts against the order. On August 13, the 4th Court of Appeals in San Antonio upheld a lower court ruling that suspended the school mask requirement ban in Bexar County, temporarily allowing schools to require masks. A similar ruling followed in Dallas, where the 5th Court of Appeals upheld a lower court's order that temporarily required masks in public schools, universities, and businesses. Attorney General Ken Paxton (R) appealed these orders to the Texas Supreme Court. On August 15, the court temporarily upheld Abbott's order. Following that ruling, the city of San Antonio and the Dallas Independent School District did not rescind their mask requirements and planned to pursue further court action.

On Aug. 16, Bexar County District Judge Antonia Arteaga of the 57th Civil Court ruled in favor of San Antonio and Bexar County's mask mandate, allowing the order to be implemented. Attorney General Ken Paxton (R) appealed the ruling to the 4th Court of Appeals, which also upheld the temporary school mask order. On Aug. 26, the Texas Supreme Court temporarily suspended the mask order.

On Aug. 25, Judge Tonya Parker of the 116th Civil District Court upheld the earlier court order requiring masks in public schools, universities, and businesses.

Florida: Appeals court upholds Governor's executive order banning school mask requirements

On Nov. 18, Gov. Ron DeSantis (R) signed HB 1B, which prohibited schools from issuing mask requirements. The law was approved 78-39 in the House and 24-14 in the Senate on Nov. 17. Plaintiffs and respondents in the lawsuit challenging DeSantis' original executive order banning local government mask requirements filed a joint motion to dismiss the case on Nov. 29.

On Oct. 7, the Florida Board of Education voted unanimously to withhold funding from eight school districts that issued mask mandates. The amount of funds withheld varied based on district board member salary and federal funding received. On Nov. 16, the board reversed that decision after the schools rescinded their universal mask requirements. On Nov. 29, the board transferred the withheld funds to the Alachua County, Brevard County, Broward County, Miami-Dade, Duval County, Leon County, Orange County and Palm Beach County school districts.

On Sept. 10, the First District Court of Appeal in Tallahassee upheld Gov. Ron DeSantis’ (R) school health policy executive order, reversing a lower ruling from Leon County Circuit Judge John Cooper that suspended the order. Lawyers for the parents challenging the executive order appealed the decision, and requested the case be taken to the Florida Supreme Court. On Sept. 24, the First District Court of Appeal denied the request to bypass the appeals court and forward the case to the Florida Supreme Court. The court dismissed the case on Dec. 23 after both parties filed a joint motion to dismiss, saying the case was moot following the passage of HB 1B.

On Aug. 27, NBC Miami reported that Cooper would temporarily suspend the enforcement mechanism in DeSantis’ executive order. In the Sept. 2 order, Cooper said the state government could not take "action to effect a blanket ban on face mask mandates by local school boards and [deny] the school boards their due process rights granted by the statute [the Parents' Bill of Rights] which permits them to demonstrate the reasonableness of the mandate." On Sept. 3, DeSantis filed an appeal to Cooper's ruling. Pending appeal, Cooper's order did not immediately take effect. Following a Sept. 8 hearing on the status of the order pending appeal, Cooper said the government did not present a compelling case for blocking his order, and ruled the state Department of Education could not enforce DeSantis' executive order until the First District Court of Appeals heard the appeal.

On Aug. 30, Education Commissioner Richard Corcoran announced the Florida Board of Education had withheld funds equal to the monthly school board member salaries in Alachua and Broward Counties, and said this would continue until the school boards brought their mask requirements in line with DeSantis' executive order.

DeSantis issued the order -- “Ensuring Parents’ Freedom to Choose - Masks in Schools” -- on July 30. It directed the Florida Departments of Health and Education to: “ensure safety protocols for controlling the spread of COVID-19 in schools that: A) Do not violate Floridians’ constitutional freedoms; B) Do not violate parents’ right under Florida law to make health care decisions for their minor children; and C) Protect children with disabilities or health conditions who would be harmed by certain protocols such as face masking requirements.” Schools that violated the order, such as those that instituted a school mask requirement without a parental opt-out option, would be subject to consequences like the withholding of state funds.

A group of Florida parents filed the lawsuit on Aug. 6 alleging the order violated the state's constitution. Specifically, the lawsuit said the order made schools unsafe, violating county self-covernance and the state constitution..

Some local school officials criticized DeSantis' order. In an open letter to DeSantis, Leon County Superintendent Rocky Hanna wrote: "Governor, please understand that districts across the State of Florida have their own local communities to answer to in a different manner than you. [...] I’m asking you to allow us the flexibility and the autonomy to make the decisions for our schools that best fit our local data and information in Leon County."

Broward and Alachua County school boards voted to require masks in schools on Aug. 10. Following a meeting on Aug. 17, the state Board of Education voted to pursue sanctions against those districts. On Aug. 18, the school board for Miami-Dade County Public Schools, the largest school district in Florida, voted 7-1 in favor of a mask requirement. School districts in Hillsborough County and Palm Beach County also approved school mask requirements on Aug. 18.

Oregon: Lawsuit filed challenging Governor's coronavirus business restrictions

On July 1, 2021, the plaintiffs voluntarily dismissed the case in light of Gov. Kate Brown's (D) updated coronavirus restrictions. On June 30, Brown ended most coronavirus restrictions in Oregon.

On May 4, Mayor Stan Pulliam of Sandy County expressed support for a lawsuit filed by a businessowner and several political action committees in federal court against Brown's coronavirus emergency order. In the suit, they said Brown's restrictions on businesses and schools were unfair and did not properly accounted for differences between risks for vaccinated and unvaccinated people. Pulliam said: "A governor’s powers in a state of emergency must be narrowly defined and temporary. Instead, they have been broad and ceaseless. It’s clear Governor Brown has no intention of relinquishing this absolute power herself, so we are forced to petition our judiciary branch to do it for her." On May 21, a federal court denied their request for a temporary restraining order, which would have halted Brown's order.

On April 29, Brown extended Oregon's state of emergency and business restrictions by sixty days, saying in a statement: "We are in the middle of the fourth surge of COVID-19 in Oregon, driven by more contagious variants of the disease. We must stop hospitalizations from spiking, so we can save lives, help our nurses and doctors weather this surge, and ensure no Oregonian is denied vital health care."

On May 11, Brown announced that no Oregon counties were classified as extreme risk, which allowed for the loosening of some business restrictions, such as the allowance of indoor dining and increased maximum capacity for some businesses, under the state's risk level guidance. She also announced a vaccination-based plan for Oregon's reopening, saying that once 70% of Oregonians received at least one dose of a coronavirus vaccine most statewide restrictions would be lifted. In a press release, Brown said: "We still have some work to do to reach our 70% goal, but I am confident we can get there in June and return Oregon to a sense of normalcy." Pulliam responded to the updated coronavirus guidance on Facebook, saying: "My suspicion is that this is a futile attempt to continue to control Oregonians when Governor Brown knows full and well that she can’t provide the evidence to fight this federal lawsuit."

Florida: Legislature preempts local coronavirus mandates

On May 3, 2021, DeSantis signed SB2006 into law, which allows the governor to preempt local emergency rules. DeSantis said: "We don’t know what’s going to happen in the future, but I think this creates a structure that’s going to be a little bit more respectful, I think, of people’s businesses, jobs, schools and personal freedom." St. Petersburg Mayor Rick Kriseman tweeted in response to the law: "Today, in preempting both local governments AND businesses from keeping their establishments safe, Ron DeSantis decided he cares not about public health, but power."

On March 10, 2021, Governor Ron DeSantis (R) and the Florida clemency board announced they would waive fines issued to businesses by local governments for violating coronavirus-related mandates, such as mask mandates. Later that day, DeSantis issued an executive order applying this retroactively to fines issued since March 1, 2020. This followed a September executive order banning local fines for individuals.

At the March meeting with the Florida clemency board, DeSantis said: "As we’ve seen, there have been unprecedented restrictions imposed on people, particularly on the local government level, on both individuals and businesses. Many of these restrictions, I think, have been ineffective, and I think they’ve unfairly penalized people." Orange County Mayor Jerry Demings (D) said in response to the Governor's executive order: "There is nothing unprecedented about local governments trying to provide for and protect residents during the pandemic. We have been decisive in taking action when the governor was slow to act."

2020

Pennsylvania: Counties challenge Governor's coronavirus business restrictions

Following Governor Tom Wolf's (D) March implementation of coronavirus restrictions, several localities expressed their intention to reopen ahead of the Governor's timeline. Commissioner Chairman Joshua Parsons (R) of Lancaster County, where Republican commissioners supported reopening ahead of state guidance, said; "The reality on the ground is that, as we’ve been saying, you know, people are voting with their feet and going back to work. Traffic has picked up in the last three weeks, and people are doing what they need to do. Small businesses, workers are being crushed by this."

On May 11, 2020, Wolf outlined several consequences for counties and business if they attempted to do this, including the loss of federal coronavirus aid to counties, loss of eligibility for business liability insurance, and the revocation of state-issued liquor licenses. In a televised statement, Wolf said: "To the politicians urging businesses to risk their lives and to risk the lives of their customers or their employees by opening prematurely, they need to understand they are engaging in behavior that is both selfish and unsafe."

On May 18, the Republican-controlled Pennsylvania State Legislature passed SB 327, which would have given counties the authority to develop individualized coronavirus-response plans. State Senate President Pro Tempore Joe Scarnati (R), a co-sponsor of the bill, said: "This process should not be dictated from the top down, but rather be a collaborative effort that relies on the expertise of our local officials. They know their communities and as such they should play a major role in the recovery process." Wolf vetoed the bill, saying in his veto message: "We reach our shared goal by taking a measured and integrated approach to reopening businesses, building upon the progress we have made. This bill authorizes the exact opposite, a disjointed patchwork approach under which each county would make critical decisions that have Commonwealth-wide effects."

On June 19, Wolf announced Lancaster County would move to green phase on June 26, which would relieve business restrictions so long as they followed CDC and Pennsylvania Department of Health guidelines. Parsons tweeted in response to the announcement: "I believe the joint, bipartisan resolution of the PA General Assembly already ended his emergency declaration and powers. However, as many businesses, including those with licenses, continue to worry about his heavy handed enforcement measures, this will be welcomed news."

Georgia: Governor withdraws lawsuit against Atlanta government officials after city alters stay-at-home order

On August 13, 2020, Governor Brian Kemp (R) withdrew a lawsuit against Atlanta city officials over several coronavirus-related measures it had implemented that were stricter than Kemp's executive order. The executive order extended a previous executive order that would, "require social distancing, bans gatherings of more than fifty people unless there is six feet between each person, outline mandatory criteria for businesses, and require sheltering in place for those living in long-term care facilities and the medically fragile." On July 10, Mayor Keisha Lance Bottoms (D) of Atlanta issued a stricter stay-at-home order for the city, requiring residents to stay at home except for essential trips.

Kemp tweeted in response to Bottoms' order, saying it was "merely guidance - both non-binding and legally unenforceable. As clearly stated in my executive orders, no local action can be more or less restrictive, and that rule applies statewide." Bottoms, speaking to the Atlanta Journal-Constitution, said Atlanta's orders were legally binding.

On July 16, Kemp filed a lawsuit against Bottoms and the Atlanta City Council saying the city did not have the authority to enforce several coronavirus-related measures it had implemented. A month later, on August 13, Kemp withdrew the suit, saying: "In light of Atlanta Mayor Keisha Lance Bottoms' concession regarding the city's Phase One roll-back plan and following her refusal in mediation to further negotiate a compromise, the Attorney General's Office has filed to withdraw our pending lawsuit." Bottoms responded, saying: "While it is unfortunate that the Governor seeks to intentionally mislead the people of our state by issuing a woefully inaccurate statement regarding our good faith negotiations and the City's reopening recommendations, I am grateful that this lawsuit has been withdrawn and the time and resources of our city and state can be better used to combat COVID-19."

Illinois: Court issues injunction against school district mask mandate after Governor files lawsuit

On August 18, 2020, the Sangamon County Circuit Court issued an injunction supporting Illinois Governor J.B. Pritzker's (D) July 16 lawsuit against Hutsonville Community Unit School District No. 1 and two private Christian schools in Yorkville and Channahon over mask requirements. Ahead of the re-implementation of in-person, Hutsonville said that it would be recommending the use of facemasks, rather than requiring their use. Superintendent Julie Kraemer said: "Being a small school district one of the advantages we had, we could in most areas reach that 6 feet apart [...] Why can't we look at this, why can't every single individual, local school board looks at this as a local issue and what's going on in their community." Pritzker said in a statement: "As a father, I would not send my children to a school where face coverings are not required because the science is clear: face coverings are critical to prevent the spread of coronavirus."

In an August 13 meeting, the Hutsonville school board voted 4-3 to require facemasks in compliance with state guidelines. Kraemer spoke about the motivation behind the vote, saying: "We had a lot of discussion and have gotten advice from our attorneys that if we don’t exactly follow the guidelines then our tort immunity disappears and that’s what the major concern was."

On August 18, the Sangamon County Circuit Court issued an injunction against the three schools mandating that they comply with state guidelines and require facemasks. In a joint statement, the Illinois Education Association and Illinois Federation of Teachers said: "Right now, there is no vaccine and no cure, so the main protection for both educators – those who are pursuing their life’s calling – and students in an indoor setting is the widespread adoption and enforcement of public health guidelines. Abiding by those guidelines helps keep not only those in school buildings safe, but also their loved ones and the community at large."

Articles and reports on preemption conflicts by state

Alabama

• ‘Won’t die with a mask on.’ Mayor of Alabama tourist town scoffs at COVID restrictions - Miami Herald, March 24, 2021

Arizona

• Reopening the state, Tucson Mayor Regina Romero speaks out - KGUN 9, May 7, 2021
• Kozachik: Reopen was a mistake, time for Ducey to reinstate stay-at-home order - Arizona Daily Star, June 23, 2020

California

• COMMUNITY VOICES: Protect our small businesses from litigation - The Bakersfield Californian, June 11, 2020
• Judge denies Orange County beach cities’ request to block state order closing local beaches - Daily Pilot, May 1, 2020
• Judge refuses to block Newsom’s order closing Orange County beaches Los Angeles Times, May 1, 2020
• El Dorado County, Placerville ask Newsom to reopen businesses in letter - KCRA, April 28, 2020

Colorado

• 'People want to be done with the pandemic': Colorado restriction fatigue is setting in - 9NEWS, March 17, 2021
• Mesa commissioners push to fully open county by mid-April The Daily Sentinel, March 17, 2021
• Weld County says it will allow any business to reopen next week after Colorado’s stay-at-home order ends - The Denver Post, April 24, 2020

Florida

• South Florida leaders say Gov. Ron DeSantis 'inadvertently' sending wrong message to ignore coronavirus restrictions - WPTV, March 16, 2021
• Now that Jacksonville opened its beaches, these Florida counties and cities are following - Miami Herald, April 22, 2020
• Beaches And Parks In Duval County To Reopen With Time And Social Distancing Restrictions - City of Jacksonville, April 17, 2020

Georgia

• Officials criticize Georgia governor's decision to reopen beaches amid coronavirus pandemic USA Today, April 6, 2020

Hawaii

• 'Zero to 150 mph in two weeks': Hawaii tourism surges as virus rules loosen - WUSA 9, March 23, 2021
• 'It's beyond frustrating': tensions peak as Hawaii locals urge tourists to stay out - The Guardian, April 20, 2020

Idaho

• Idaho leaders say stay-at-home order violates constitutional rights as protests erupt nationwide - KREM 2, April 20, 2020
• Idaho's stay-at-home order has sparked a rebellion, and outraged activists are urging people to 'disobey' coronavirus restrictions - Insider, April 16, 2020
• Idaho leaders continue to push back against Governor Little's stay-home order - KHQ, April 9, 2020

Illinois

• New COVID-19 restrictions from Gov. Pritzker draw pushback from mayors, restaurant owners - ABC 7, October 29, 2020
• Illinois Counties Push Back Against Pritzker's ‘Stay-at-Home' Order - ABC 5, May 16, 2020
• Orland Park Mayor Keith Pekau calls for reopening village ahead of Gov. Pritzker's stay-at-home-order timeline - ABC 7, May 8, 2020
• Coronavirus shouldn’t keep people from worship, a southwestern Illinois sheriff says - Belleville News-Democrat, April 16, 2020

Kansas

• Kansas County Chooses Not to Observe COVID 'Emergency' - Associated Press, March 20, 2021

Missouri

• City of St. Louis Remains Under Stay at Home Order Beyond May 4th Missouri Statewide Reopening - City of St. Louis, April 30, 2020

Nevada

• Nevada counties opposed to restrictions prep to manage their own COVID rules - Associated Press, March 2, 2021
• Las Vegas Mayor Urges Casinos To Reopen Saying Competition Will Reveal Safety Levels - KPBS, April 22, 2020
• Mayor Goodman: 'This shutdown has become one of total insanity' - KTNV, April 15, 2020

New Jersey

• New Mexico mayor vows to reopen city despite lockdown order - Associated Press, April 24, 2020

New York

• De Blasio, Cuomo remain at odds over decision to keep schools closed for rest of school year - Brooklyn Daily Eagle, April 14, 2020

North Dakota

• Fargo pegged as potential coronavirus hot spot as North Dakota plans to ease restrictions - Inforum, April 28, 2020

Oregon

• Mayor Kerry McQuisten has multiple interviews about city’s resolution challenging COVID-19 restrictions - Baker City Herald, May 3, 2021

South Dakota

• Mayor TenHaken no longer pushing for stay-at-home order - Argus Leader, April 17, 2020

Tennessee

• A Southern mayor had careful plans to reopen the city. His governor had other ideas. - NBC, May 1, 2020
• Tennessee cities are better positioned than most, but they won't be spared coronavirus financial pain - Tennessean, April 19, 2020
• Nashville, Memphis, Knoxville, and Chattanooga Unite to Plan Economic Reopening and Recovery from Coronavirus - Metro Government of Nashville & Davidson County, Tennessee, April 16, 2020

Texas

• Coronavirus In Greater Houston: Schools Closed Through End Of The Year, As Gov. Abbott Announces Plans To Restart Economy - Houston Public Media, April 13, 2020

Washington

• Franklin County Sheriff: Won't enforce 'stay at home' order - Komo News, April 21, 2020

See also

Local Politics	2021 Election Analysis	Preemption conflicts	Documenting America's Path to Recovery
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