The political fight rages on over state regulation of payday loans, with the legislature in special session considering at least one proposal on the subject, and with municipalities in the meantime moving to fill the breach. As is often the case, this political fight also found itself in court this week.
Payday lenders challenged the City of Portland's regulation of their industry, arguing that the city's ordinance is preempted under the Home Rule provisions of the state constitution. The State appeared amicus curiae in opposition to the claim of preemption. In this opinion issued today, Judge Michael Marcus upheld the Portland ordinance, finding no clear expression of legislative intent to preempt the field, and finding that the Portland ordinance did not conflict with state law in any of its particulars. Of course, this fight will continue, presumably on multiple fronts, including appeal.
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