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Fi Fi6� cy .St. u .66s - Fwd: Invitation to Joi , n Amicus P a g e 1. From: Nancy Stubbs To: Nancy Stubbs Date: 2/25/02 2:13PM Subject: Fwd: Invitation to Join Amicus The City of San Francisco is writing an amicus brief in support of the appeal in California Dump Truck Owners Assoc v. Gray Davis, et al., No. CIV S-01-0517 FCD DAD (U.S.D.C., E.D., Cal.). The League of California Cities' Legal Advocacy Committee is urging cities to join the brief. The issue in this case is whether federal law preempts local regulations related to motor carriers. The District Court held that states cannot delegate their authority to enact safety regulations related to motor camers. The Court further held that such an interpretation of the Federal Aviation Administration Authorization Act does not render the Act unconstitutional. The Court held that 15 California statutes are preempted to the extent that they authorize municipalities to enact regulations of motor carriers, except for those related to carriers of household goods and the prices of non-consensual towing. The statutes are: Cal. Govt Code 37101 (a); Cal. Veh. Code 211 00(b), 21101 (c), 351 00(c), 35401 (d), 35401 (e), 35404, 35700, 35701, 35707, 35712, 35715, 35717, 35753(a); Cal. Streets & Hwys Code 942 & 942.5. To participate in the amicus in the Dump Truck Owners Assoc. case, please submit your written authorization to add your city or city attorney, county or county counsel, or organization to the brief no later than March 27. 2002. For both of the briefs, we would like to receive anecdotes or examples of the results of municipalities' inability to regulate motor carriers with respect to safety. Thank you. Rose -Ellen Heinz Deputy City Attorney 1390 Market Street, Sixth Floor San Francisco, CA 94102 415-554-3845 Fax 415-437-4644 Email: Rose -Ellen Heinzaci.sf.ca.us Nancy Stubbs, Paralegal Best Best & Krieger LLP NGStubbs@bbklaw.com (909) 826-8377