In its first century in existence, the city of Dallas—from 1856 until 1961—passed an estimated 2,000 city ordinances, in total. Since then, it has passed approximately 33,000. That doesn’t count regulations issued by various city agencies.
Texans—like all Americans—are overwhelmed with countless federal and state laws and regulations. Harvard Professor Harvey Silverglate estimates in his book that the average American commits three felonies a day—mostly without knowing it.
Busybody cities only add to this overregulation. The city of Dallas—and other cities—have continuously expanded their powers over residents during the last several decades. And for years, the Texas Legislature has sought to free Texans from the heavy burdens of unnecessary city regulation. The Death Star bill can do just that.
The Texas Regulatory Consistency Act (“TRCA”) is often referred to as the “Death Star bill” by journalists looking for a catchy narrative. And while the moniker was a public relations coup for the city lobbyists who coined the term while fighting tooth-and-nail against the bill, I also embrace the name. Before I get to that I want to explain why our clients are suing Dallas.
The ordinances we’re challenging mostly fall into three categories: ridiculous, duplicative, and radical. All of them are unlawful.
Under the ridiculous category: Why does a firewood vendor need a license from the city? And why should the vendor be subject to a $500 per day fine for selling logs without measuring them? (Dal. City Code Section 50-80; Sec. 13-1.)
Why must convenience stores give Dallas Police warrantless access to all their surveillance systems, also facing a $500 per day fine for noncompliance? (Dal. City Code Sec. 12B-13(a).)
Other ordinances are unnecessarily duplicative of state law. Loan brokers are licensed with Texas, but Dallas requires separate registration. (Dal. City Code Sec. 25-4.) Same goes for security companies, massage therapists, and anyone who promotes events for a fee. Assisted living facilities are licensed by the state, not Dallas, but Dallas demands the right to inspect them whenever it wants. (Dal. City Code Sec. 33-5.) The list goes on.
Then there are the Dallas ordinances infused with radical ideology under the guise of “nondiscrimination.” For instance, employers in Dallas must be careful not to “discriminate” (or offend?) a job applicant “in any way,” if that person claims a “gender identity” lest the employer face criminal fines up to $500. (Dal. City Code Sec. 46.6(a)(3).)
A restaurant owner may not even hint that he or she disapproves of someone’s gender identity without facing a $500-per-day fine from the (unelected) Dallas city manager. (Dal. City Code Sec. 46-6.1(a)(2)(B).) Landlords get the same treatment. (Dal. City Code Sec. 46-7(a).)
All of these unnecessary regulations increase the cost of everything Dallas residents buy. It increases their rent, their grocery bills, their restaurant tabs, and their property taxes.
We’re challenging all these ordinances, but as one might expect, the rabbit hole goes deeper.
Any company that wants to do business with Dallas must effectively swear an oath to DEI culture. (Secs. 15B-4; 15B-3(1).) Simultaneously, the city requires its contractors to pay their employees more than $22 per hour for Dallas city projects, no matter the actual value of their labor. (Dallas City Council Resolution 15-2141, Section 2.) This ordinance skyrockets the value of those contracts—which only go to companies that take the DEI oath and are therefore ideologically aligned with the city government.
Who pays for these lucrative contracts? Dallas taxpayers. Who benefits? Dallas taxpayers deserve to know.
These Dallas government regulations are unnecessary, duplicative and waste taxpayer money.
Hundreds of city ordinances hang over Dallas residents like a giant orbiting space station, ready to obliterate the rebellious and unsuspecting citizen alike. But the Texas Legislature gave citizens a new hope. The Death Star bill is aptly named because it gives Texas citizens a small chance against the Dallas Death Star—just like the stolen plans for the Death Star gave the rebels a chance against the eponymous Imperial space station.
The state of Texas can’t file suit under the Death Star bill. Instead, the bill empowers ordinary Texans with the right—and the duty—to fight back against oppressive city regulations.
A few brave Dallas citizens have dared to defy their imperial city government. TPPF is currently fueling the X-Wing Fighters.
