Ohio judge: State effort to keep cities from banning flavored tobacco was unconstitutional
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A Franklin County judge ruled that a state law prohibiting cities from banning the sale of flavored tobacco products is unconstitutional.
Franklin County Common Pleas Court Judge Mark Serrott's decision on Friday means that bans enacted by cities like Columbus will be allowed to stay in effect.
On Friday, Serrott heard arguments from attorneys for the City of Columbus, and attorneys representing the state, about whether the law, which was passed over a veto by Governor Mike DeWine, should be allowed to take effect.
Several cities, including Columbus, had passed bans on sales of flavored tobacco products. The state legislature then passed — despite two vetoes from Governor Mike DeWine — a law that prevented cities from passing their own regulations for tobacco sales, essentially nullifying the cities' efforts.
Columbus and Cincinnati joined more than a dozen Ohio cities in suing the state over the ban in Franklin County, landing on Serrott's docket.
Serrott's decision only applies to the cities included in the lawsuit filed and is not a statewide injunction.
In April, Serrott issued a temporary restraining order that stopped the state law from taking effect.
At the time, Serrott said the state law appeared to miss some key points and did not allow cities to regulate tobacco sales on a local level.
Columbus City Attorney Zach Klein, DeWine and other proponents of the city bans have argued that flavored tobacco and e-cigarettes, or vapes, have led to a sharp rise in nicotine use among teens — wiping out decades of efforts to put anti-smoking laws into place — and that those products have historically targeted minorities and low-income people.
In his ruling Friday, Serrott said he could not agree with the arguments made by the cities related to the minority communities.
Serrott did find, however, that the law passed by the General Assembly was only designed to prevent cities from exercising home rule.
"It prohibits the city from doing anything regarding tobacco. There’s no comprehensive scheme like the liquor case," Serrott said.
The state has indicated it intends to appeal Serrott's decision to the 10th District Court of Appeals.
Following Serrott's ruling, Klein issued a statement saying the decision will keep the work health officials have been doing to prevent teen smoking going.
"While we know this may not be the end of this fight, this decision is a significant win for both the City of Columbus and for the health and safety of children and families," Klein said.
This article originally appeared on The Columbus Dispatch: Flavored tobacco ban: Ohio law on city tobacco ruled unconstitutional
