Ohio Appeals Court Upholds Cities’ Rights to Regulate Tobacco, Strikes State Ban

An Ohio appeals court has ruled that a 2023 state law preventing cities such as Columbus, Cleveland, and Cincinnati from enacting their own tobacco regulations, including bans on flavored tobacco products, is unconstitutional as it violates the Ohio Constitution's Home Rule Amendment. This decision upholds previous rulings affirming that local governments have the autonomy to pass public health measures tailored to their communities, specifically citing the importance of addressing the impact of flavored tobacco on youth and vulnerable populations. The court emphasized that the state law did not constitute substantive tobacco regulation but rather unlawfully restricted cities' police powers related to health and safety. Governor Mike DeWine vetoed the law twice, highlighting concerns about youth smoking, but the legislature overrode his veto, prompting legal challenges from multiple municipalities. Columbus City Attorney Zach Klein praised the ruling as a significant victory for home rule, underscoring the need for cities to have the flexibility to protect their residents' health. The state may appeal the decision to the Ohio Supreme Court, continuing the legal battle over the balance of state versus local authority on tobacco regulation.