DALLAS — Two years after state lawmakers passed a sweeping law aimed at preventing Texas cities from adopting progressive policies, that law may finally get its first major test.
Three Dallas residents sued the city in Denton County District Court Wednesday to strike down dozens of local ordinances they allege violate the law, dubbed the “Death Star” law by opponents. The law made it illegal for cities and counties to enact local laws that go further than certain broad areas of state law.
“Cities don’t get to pick and choose which state laws they follow,” said Matthew Chiarizio, a senior attorney for the Texas Public Policy Foundation, the influential conservative think tank, who is representing the plaintiffs. “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 representative for the city of Dallas declined to comment, citing litigation.
Some 83 ordinances could be wiped out if a judge sides with the plaintiffs. Among them are a slew of local protections for LGBTQ+ people, rules that city contractors pay employees a living wage and noise regulations for public parks and recreational facilities.
Dallas officials could also be prevented from regulating ride-hailing services like Uber and Lyft that operate at Dallas Love Field Airport, valet parking services and gas drilling and production within city limits.
State lawmakers passed the legislation in 2023. Gov. Greg Abbott, GOP legislators and business groups had long sought such a measure, which they said was necessary to undo a “patchwork” of local regulations across the state they say burden businesses and hamper the state’s economic growth. The bill’s passage also marked the culmination of Republican lawmakers’ attempts over the last decade to undercut the state’s largest urban areas, often governed by Democrats.
Critics of the bill countered it would prevent cities and counties from enacting protections for its residents, including water breaks for construction workers and noise regulations.
Houston, San Antonio and El Paso sued to block the law a month after it passed. A Travis County judge ruled the law unconstitutional in 2023. In July, the Third Court of Appeals overturned that decision and cleared the way for the Dallas lawsuit.
