The Texas Public Policy Foundation (TPPF), a prominent conservative think tank, has issued a notice to the city of Dallas, urging it to either repeal or amend local ordinances that fall outside state law, or face potential legal action.
This notification, representing the interests of residents Haley Kyles, Tamara Brown, and Daniel Rodriguez, claims that certain ordinances have caused them harm, contrasting with the provisions of the so-called ‘Death Star’ law.
The notice was delivered just days after an appeals court overruled a recent decision that had deemed the controversial 2023 law unconstitutional.
Matthew Chiarizio, a senior attorney at TPPF, stated, “All Texans deserve the freedom to live and work without being micromanaged by their city government. The Texas Regulatory Consistency Act was passed to stop exactly this kind of local overreach — and TPPF stands ready to defend Texans’ liberty when cities like Dallas refuse to follow the law.”
Dallas officials chose not to comment on the notice due to its legal implications.
Commonly referred to as the ‘Death Star’ law, this legislation represents a concerted effort by the Texas Legislature to curb the powers of municipalities in larger urban centers.
In the previous legislative session, city leaders submitted a list of 133 ordinances to Rep. Rafael Anchia, D-Dallas, which they anticipated would be targeted for repeal.
However, the city did not take any action on this front.
The law’s implementation was briefly halted when a district court issued an injunction two days before it was scheduled to take effect, following lawsuits from Houston, San Antonio, and El Paso.
Dallas chose not to join the legal battle, although it did submit a legal brief in support of the other cities.
In that brief, Dallas emphasized its status as a ‘home-rule’ municipality, which allows it to create its own governing charter.
The appeals court ruling stated that the cities did not demonstrate a ‘concrete and particularized injury’ due to the law.
The judge’s opinion pointed out that the cities alleged the Act’s unconstitutionality without providing an actual local regulation that was affected, thereby failing to establish an actual legal dispute.
Among the 133 targeted ordinances were regulations related to minimum wage, water conservation, sexually oriented businesses, equal opportunity employment, and anti-discrimination measures.
Importantly, ordinances requiring water breaks for construction workers in both Dallas and Austin were also invalidated by the Death Star law.
This legislative decision has drawn significant criticism, prompting concern that has even reached federal levels.
In response to these concerns, the U.S. Department of Occupational Safety and Health Administration (OSHA) proposed a rule in the following year, aiming to require employers to maintain safe working conditions to prevent heat-related illnesses and injuries.
This proposal remains under consideration.
The exact ordinances impacting Kyles, Brown, and Rodriguez have not been specified.
Prior to the publication of this article, TPPF attorneys were unavailable for interviews.
Interestingly, an individual named Haley Kyles is featured on the TPPF website and is associated with the organization’s Liberty Leadership Council.
Attempts to contact Kyles, Brown, and Rodriguez via publicly listed numbers did not yield any responses.
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