Gavel in front of the Ohio Supreme Court. (Photo by Graham Stokes for the Ohio Capital Journal. Only repost photo with the original article.)
The Ohio Supreme Court will decide whether Ohio cities can ban flavored tobacco products – a ruling that could have far-reaching consequences local government regulations.
Judges heard arguments in the lawsuit Tuesday morning and will issue a ruling at a later date.
At the heart of the lawsuit is municipal home rule, which gives towns and villages in Ohio the constitutional right to certain powers, including legislating under the Home Rule Clause.
Cities have the right to set their own policies as long as they do not conflict with provisions in the Ohio Revised Code.
Ohio Gov. Mike DeWine vetoed a bill in January 2023 that would have prevented any city or municipality from regulating smoking, vaping and the exploit and sale of other e-cigarettes, saying it would be bad for Ohio’s children.
The Columbus City Council voted to end the sale of flavored tobacco products in December 2022, and the ban went into effect in January 2024.
Ohio legislators voted to override DeWine’s veto in 2024 and the act was to enter into force in April 2024.
Several cities – including Columbus, Cincinnati, Cleveland and Toledo – sued the state, resulting in the law being prevented from going into effect.
The cities argued that the 1912 Ohio House Rules Amendment allowed cities to set rules, including banning flavored tobacco. Currently, 21 cities are involved in the lawsuit.
A Franklin County Court of Common Pleas judge and the Tenth Circuit Court of Appeals agreed with city officials, and the ban on flavored tobacco products is now in effect.
The state appealed to the Ohio Supreme Court.
“We already have a comprehensive system of state tobacco regulations, and we don’t want municipalities to have an additional local patchwork,” he said. Zachery Keller, deputy attorney general for the Ohio attorney general.
“The Home Rule Amendment was never intended to be a weapon that cities used to overturn state law.”
A 2002 Ohio Supreme Court decision created a four-part test to determine whether local laws preempt state law.
21 cities say restrictions on banning flavored tobacco products fail four-step test.
“How the hell do we have a situation where the General Assembly can just say that municipalities can’t pass laws,” said Richard Coglianese, Columbus city solicitor.
“The amendment on the principles of self-government says that municipalities have the right to continue operating and solve the problems they face themselves.”
ABOUT 1.63 million middle and high school students According to the Centers for Disease Control and Prevention, vaporizers were being used nationwide in 2024.
Almost 19% of Ohio high school students vapeaccording to the Campaign for Tobacco-Free Children.
“They are very addictive,” Coglianese said. “They are marketed to children with cereal.”
How judges rule in the case could have further ramifications as the Republican-controlled state Legislature challenges laws passed by Democratic city leaders.
The The Ohio Mayors Alliance says the principle of self-government is necessary because it allows local governments to create policies tailored to their residents, because “what works in Cleveland or Columbus may not work in Cadiz or Coshocton.
Opponents of home rule say local ordinances create a patchwork of regulations that can infringe on statewide jurisdiction.
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