Ohio Cities Sue Legislature Over Right to Ban Flavored Tobacco
Columbus, Cincinnati, and Others Challenge State Measure Prohibiting Local Regulation of Tobacco Sales
On Tuesday (14/May), Columbus, Cincinnati, and more than a dozen other Ohio cities filed a complaint in Franklin County Common Pleas Court, challenging the state legislature’s measure that prohibits them from imposing regulations on tobacco. The cities argue that the measure violates home rule and would harm Ohioans’ health.
The complaint seeks a preliminary restraining order and permanent injunction after Republicans in the Ohio legislature voted to prevent cities from banning flavored tobacco and then overrode Governor Mike DeWine’s veto of the proposal late last year.
The central Ohio communities participating in the lawsuit include Bexley, Dublin, Gahanna, Grandview Heights, Hilliard, Reynoldsburg, Upper Arlington, Whitehall, and Worthington. They contend that the state legislature violated the Ohio Constitution’s home rule amendment, which grants local governments the right to set their own policies.
Proponents of flavored tobacco bans argue that flavored tobacco and e-cigarettes have led to a sharp rise in youth nicotine use and have historically targeted minorities and low-income individuals.
Columbus banned flavored tobacco starting January 1, 2024, and the ban will remain in place until the 90-day waiting period for the state law takes effect in late April or until a judge decides on a preliminary injunction in the case.
The Columbus City Council passed the flavored tobacco ban in late 2022, which faced an immediate challenge from Ohio lawmakers. Governor DeWine vetoed a law overriding the local rule from the state’s budget, but the Ohio General Assembly later overrode the veto at the end of 2023.
In a significant development, Franklin County Common Pleas Court Judge Mark Serrott ruled on Friday that the state law prohibiting cities from banning the sale of flavored tobacco products is unconstitutional. This decision means that bans enacted by cities like Columbus will be allowed to stay in effect, but only for the cities included in the lawsuit.
Judge Serrott found that the law passed by the General Assembly was designed to prevent cities from exercising home rule and did not allow cities to regulate tobacco sales on a local level. The state has indicated its intention to appeal the decision to the 10th District Court of Appeals.
Columbus City Attorney Zach Klein called the ruling a significant win for both the City of Columbus and the health and safety of children and families, stating that it will allow health officials to continue their work in preventing teen smoking.
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