In a move that reinforces the autonomy of local governments, an Ohio appeals court ruled on Tuesday that a state directive aimed at preempting city regulations on tobacco is unconstitutional. This decision, reported by WBNS, echoed the sentiments of municipalities asserting their right to enact public health measures. The ruling negates a prior state law that would have prohibited local governments from implementing their own tobacco rules, such as the flavored tobacco bans Columbus and other cities have put into action for public safety.
This judgment from the Tenth District Court of Appeals upheld Franklin County Court's previous ruling, following an appeal by the state. A section of Ohio's budget bill, added in 2023, sought to bar cities from regulating the sale of tobacco products. "This decision is a significant win that reaffirms a bedrock principle of our state’s Constitution — that cities have the right to make their own decisions about what's best for the health and safety of those they represent," Columbus City Attorney Zach Klein stated in response to the court's decision, quoting from an announcement captured by WBNS.
The contentious law known as R.C. 9.681 was vetoed twice by Governor Mike DeWine, described as essential in targeting addiction and curtailing health care costs, particularly associated with flavored tobacco, including menthol cigarettes. According to Tobacco Reporter, the latter veto was overridden by the General Assembly, before being contested in court by municipalities that included Columbus, Cleveland, and Cincinnati.
Furthermore, the court’s decision implies that cities retain the power to enforce their own tobacco laws, as noted by Judge David Leland in his ruling. "Cities could do nothing to stem the sale of flavored tobacco products, no matter the addictive or mortal effects of the tobacco industry’s targeted advertising to children or other demographic groups," Leland writes, as reported by The Columbus Dispatch. Mayor Andrew J. Ginther also expressed his approval, stating, "I’m glad the judges support the Ohio Constitution, that clearly states that home rule is a core principle of governing in this state."
