Ohio Court Strikes Down State Ban on Local Tobacco Regulations

Appeals court sides with cities in fight over flavored tobacco laws

COLUMBUS, Ohio — An Ohio appeals court has ruled that the state legislature’s attempt to block local governments from regulating tobacco products is unconstitutional.

In a unanimous decision issued July 8, the Tenth District Court of Appeals found that a provision in the state’s 2023 budget bill violated the Ohio Constitution’s Home Rule Amendment. That amendment gives municipalities the right to pass laws related to local safety and welfare, so long as those laws do not directly conflict with state statutes.

Cities Challenge State Tobacco Restrictions

The ruling is a win for the City of Columbus and several other municipalities that sued the state after lawmakers tried to override local ordinances banning the sale of flavored tobacco products. These bans, which include restrictions on menthol cigarettes and certain e-cigarettes, were aimed at curbing a rise in teen nicotine use.

In 2023, state legislators added language to the state budget to prevent cities from enacting such regulations. Gov. Mike DeWine vetoed the provision twice, but the legislature overrode his veto, effectively nullifying local efforts.

Columbus City Attorney Zach Klein’s office filed a lawsuit to block the law from taking effect. In their arguments, Klein, DeWine, and other city leaders said the local bans were needed to fight youth smoking and to address how flavored tobacco products often target minority and low-income communities.

Court Sides with Cities

Franklin County Common Pleas Judge Mark Serrott initially ruled in favor of the cities. The state then appealed, but the Tenth District upheld the decision.

In the opinion written by Judge David Leland, the appeals court said the legislature’s attempt to claim “exclusive power to regulate tobacco” had sweeping consequences. Leland warned that such a law would strip cities of their ability to enforce tobacco rules, both criminal and civil.

“Cities would lose the power to enforce their tobacco laws,” Leland wrote. “They could no longer regulate tobacco marketing. Licensing and zoning of convenience stores that sell tobacco products might be invalidated.”

The decision emphasized the importance of local control, especially in efforts to protect children and other vulnerable groups from targeted tobacco advertising.

Next Stop: Ohio Supreme Court?

The state has the option to appeal the ruling to the Ohio Supreme Court, which is made up of seven justices, six of whom were elected as Republicans. Justice Jennifer Brunner is the only Democrat on the court.

The Tenth District Court of Appeals, which issued the decision, is based in Franklin County and often hears cases involving state government. Its eight judges include seven elected Democrats and one Democratic appointee.

For now, the ruling preserves local authority in regulating tobacco products and sets up a possible legal showdown over the limits of state power versus municipal home rule.