An Ohio appeals court ruled that state lawmakers violated the Ohio Constitution by attempting to block cities like Columbus from enacting their own regulations on tobacco product sales. In a unanimous decision, the Tenth District Court of Appeals upheld a lower court ruling that found the state’s efforts to preempt local control over tobacco laws unconstitutional under Ohio’s Home Rule Amendment.
The amendment allows municipalities to govern local safety and welfare issues unless they are in direct conflict with general state law. The ruling affirms that cities can regulate tobacco sales, including banning flavored products.
The decision comes after state lawmakers added a provision to the 2023 budget to block local tobacco regulation. Gov. Mike DeWine vetoed the move twice, but lawmakers overrode him. The City of Columbus, backed by other municipalities, sued the state, and Franklin County Judge Mark Serrott ruled in their favor — a decision now upheld by the appeals court.
