COLUMBUS, Ohio – A Franklin County judge ruled on Friday that a state law prohibiting cities from banning flavored tobacco is unconstitutional. This ruling allows local bans in Columbus and other Ohio cities to remain in effect.
Franklin County Common Pleas Judge Mark Serrott’s decision is a win for municipalities that wanted to limit the sale of flavored tobacco products, which have been associated with increased youth tobacco use.
Several cities, including Columbus, had passed ordinances banning flavored tobacco sales. However, the state legislature enacted a law that preempted local regulation of tobacco products. Despite two vetoes by Governor Mike DeWine, the legislature overrode the vetoes, and the state law was set to go into effect in April.
In response, multiple cities filed a lawsuit challenging the state law’s constitutionality. Judge Serrott issued a temporary restraining order in April, halting the law’s implementation while the legal challenge proceeded.
In his ruling on Friday, Serrott determined that the state law violated the home rule provisions of the Ohio Constitution, which grant municipalities a degree of autonomy in local affairs. The judge’s decision allows cities to enforce their existing bans on flavored tobacco and to enact new regulations if they choose.
The state has the option to appeal the ruling.