The goal of Death Star is simple.
The sweeping language of Death Star is likely seen more as a feature than a bug by the bill’s drafter, state Rep. Dustin Burrows, who all but brags that it is going to fall to the courts to decide what regulations are actually preempted. Importantly, the bill contains a provision that allows any individual or trade association to challenge any local regulation in court—and, if they prevail, requires the county or city to pay all the challenger’s costs and “reasonable” legal fees.
, Death Star’s litigation-based approach also farms the cost of enforcement out to private actors to sue rather than relying on the state to act—and then forces local governments to pay when they lose.as pointing out that in the wake of a crisis like a hurricane—when the speed and clarity of disaster response is of the essence—cities would need to petition the courts to find out what sort of emergency regulations would be permissible under the Death Star law.
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