I’ve heard that HB2 is complicated. That it’s confusing, that no one knows what to do. Did Charlotte have the authority to enact the ordinance that started all this? Can the General Assembly undo what Charlotte did? Where does one turn for answers? At JLF, we think the Constitution is the rule book.
Let’s check Article XIV, Sec 3 –
Whenever the General Assembly is directed or authorized by this Constitution to enact general laws, or general laws uniformly applicable in every county, city and town, and other unit of government, or in every local court district, no special or local act shall be enacted concerning the subject matter directed or authorized to be accomplished by general or uniformly applicable laws.….
So no, Charlotte was not authorized to enact their ordinance.
The final sentence reads:
The General Assembly may at any time repeal any special, local or private act.
So yes, the General Assembly was not only authorized to repeal the Charlotte ordinance, they were bound to do so by their oath to uphold the state Constitution.
I’m not a lawyer but it seems pretty straight forward to me. The rulebook’s there, the answers are pretty clear. It doesn’t have to be this hard.
