Columbus and other Ohio cities sue to block ban on their tobacco regulations
COLUMBUS, Ohio (WCMH) — Columbus, Cleveland and a dozen other cities are suing to block a recently-enacted state law that would prohibit them from restricting the sale of tobacco — including flavored tobacco — within their city limits.
The lawsuit, filed Tuesday in Franklin County court, argues the law violates local governments’ right to home rule. Bexley, Dublin, Grandview Heights and other cities that joined the complaint each passed local ordinances restricting the sale of tobacco, whether it be to people under 21 years old or bans on flavored tobacco sales entirely.
“The state has failed to identify any valid state interest in prohibiting local regulation
of tobacco and tobacco products,” the complaint reads.”
In January, the Ohio Senate completed the legislative override of Gov. Mike DeWine’s veto of the local regulation ban, the second veto of such legislation since 2022. Last July, DeWine struck the provision from the rest of the state budget, saying that local bans were “essential” to curb nicotine use, especially among children, without a statewide ban in place.
But in overriding the veto, Republican lawmakers argued that local restrictions would create a messy patchwork of laws for businesses to navigate that would ultimately harm small business owners. Democrats — and major health organizations — argued that cities have a strong interest in addressing the harm that nicotine and tobacco have caused to their communities, especially to children and teenagers.
“Stripping cities of their right to make decisions in the interest of residents isn’t just unconstitutional, it’s bad policy that harms public health and undermines the progress we’ve made to reduce tobacco usage and keep these products out of the hands of teens,” Columbus City Attorney Zach Klein said in a news release.
Columbus’ flavored tobacco ban went into effect on Jan. 1, outlawing the sale of vapes, cigarettes, cigarillos, chewing tobacco and any other tobacco product that taste or smell like fruit, candy, vanilla, menthol or mint. Worthington and Grandview Heights also banned flavored tobacco in the new year, while Bexley banned its sale in 2020.
But the law also threatens age restrictions on the sale of tobacco that differ from state regulations, the cities’ lawsuit argues. Over the past several years, Columbus, Reynoldsburg, and other central Ohio cities have passed ordinances restricting tobacco sales to those 21 and older. From 2016 to 2020, rates of smoking among adults decreased by 14% in Franklin County, according to the Ohio Department of Health, while across the state, rates of tobacco use — particularly the use of vapes — skyrocketed among youth.
“The City of Reynoldsburg strongly advocates that local government have a better understanding of the needs of their communities and should be empowered to make those decisions rather than the state government,” Reynoldsburg Mayor Joe Begeny said. “We believe in the constitutional principle of home rule rights.”
The cities have asked the court to grant a temporary restraining order on the law, which is set to become enforceable in late April, as well as a permanent injunction on the statute.
Read the full complaint below.
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