Patrick Fenelon

@patrickfenelon.bsky.social

Foreign Policy. NBA. Democratic Socialism. Cats. i will fight Elon Musk in Outer Space Twitter: @patrick_fenelon

The fact that they did this to renter right to repair, and not rent stabilization, or the trash wars, or administrative citations, or universal child care, should tell you about the priorities of the owners and landlords in this city. If you rent, the mayor's office wants nothing to do with you.

An obvious tactic but not enough have used it yet - just say what data center proponents are using the data centers for. “They want to upend your community and the environment to make sad little videos online” is a winning message

Aaron Rupar@atrupar.com · 10h ago

El-Sayed: "Mike Rogers is a guy who wants to put a data center in your backyard so he can make himself feel a little more manly by making an AI video ... he's a guy who went back to Florida so he could lick every single boot Donald Trump owns to bet for his endorsement."

Today, the Senate received a briefing on the humanitarian crisis unfolding in Sudan. Here's the bottom line: We can & must do more to stop this. This war has already killed over 150,000 people & displaced over 14 MILLION. We must act NOW.

The St. Paul City Council is entitled to disagree with Right to Repair. They can all exert their influence to convince voters not to vote for it. If it passes, they are free to repeal it on the one-year anniversary. But they cannot substitute their policy decisions for the right of the voters.

Sec. 8.06. - Repeal of ordinances or resolutions submitted to voters.
No ordinance adopted by the voters on initiative or ordinance or resolution approved by referendum shall be repealed within one year after its approval.

And field preemption only exists when state law "leaves no room for local regulation.” Cities can regulate maintenance! To claim that Right to Repair is field preempted would basically require St. Paul to abandon its entire property maintenance code for rental properties.

We turn next to whether the MHRA occupies the field of preventing discrimination 
such that it preempts the Ordinance.  Field preemption occurs “when the Legislature has 
addressed the subject matter in a way that leaves no room for local regulation.”  Graco Inc. 
v. City of Minneapolis, 937 N.W.2d 756, 759 (Minn. 2020).  In determining whether state 
law impliedly preempts an ordinance by occupying the field, Minnesota courts consider 
four factors, known as the Mangold factors: 
(1) What is the ‘subject matter’ which is to be regulated? 
(2) Has the subject matter been so fully covered by state law as to have 
become solely a matter of state concern? 
(3) Has the legislature in partially regulating the subject matter indicated that 
it is a matter solely of state concern? 
(4) Is the subject matter itself of such a nature that local regulation would 
have unreasonably adverse effects upon the general populace of the state? 
Minn. Chamber of Com., 944 N.W.2d at 449–50 (quoting Mangold, 143 N.W.2d at 820); 
see also Graco, 937 N.W.2d at 762–63.

As someone who's spent a lot of time considering conflict preemption btwn state landlord-tenant law & local ordinances, I can confidently say the St. Paul City Attorney is full of shit. Nothing in Right to Repair conflicts with state law, and our courts are clear that cities can go beyond state law

ProPublica spoke to about 150 people who had lived in homeless encampments when cities cleared them out in “sweeps.” We distributed notecards so people could tell us about the toll in their own words. This is what they wrote. (Published Dec. 2024)

“I Have Lost Everything”: The Toll of Cities’ Homeless Sweeps

Cities often take belongings — including important documents and irreplaceable mementos — when they conduct sweeps of homeless encampments. ProPublica gave notecards to people across the country so th...

projects.propublica.org