COLUMBUS, Ohio — More than a dozen Ohio cities joined together in a lawsuit to challenge a recent state law that would eliminate local regulation of tobacco, according to a press release from Columbus City Attorney Zach Klein’s office.

What You Need To Know

  • More than a dozen Ohio cities joined together in a lawsuit to challenge a recent state law that would eliminate local regulation of tobacco

  • The law, which will officially take effect on April 23, was originally vetoed by Gov. Mike DeWine
  • That veto was overridden

  • Ohio cities are requesting a temporary restraining order and preliminary injunction to the law

“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,” Klein said in the release. “We are ready to make our case to the Court defending our constitutional right to home rule so that we can continue to do what’s best for the health and safety of residents who demand it.”

The law, which will officially take effect on April 23, was originally vetoed by Gov. Mike DeWine. That veto was overridden.

The GOP governor recently had another veto overridden by lawmakers in the state’s Republican-dominated House and Senate on legislation related to gender-transition care for minors and transgender women and girls participation in sports.

The release notes that, in Columbus, the new law will “invalidate” a city ban on flavored tobacco sales and stop tobacco retailer licensing by the city, operated by the local health department. They also conduct regular checks, making sure these locations are only selling to adults over the age of 21.

“Instead, compliance with underage sales laws would have to be initiated by law enforcement, a task local leaders say would divert resources away from neighborhood patrols or responding to violent crime,” the release reads.

In this lawsuit, more than a dozen Ohio cities are requesting a temporary restraining order and preliminary injunction to the law.

The cities on the lawsuit include the following:

  • Columbus

  • Bexley

  • Cincinnati

  • Cleveland

  • Dublin

  • Gahanna

  • Grandview Heights

  • Heath

  • Hilliard

  • Oxford

  • Reynoldsburg

  • Upper Arlington

  • Whitehall

  • Worthington

According to the release, the cities also state in their lawsuit that the law is harmful to public health and potentially violates the state constitution’s home rule provisions.

Columbus Mayor Andrew Ginther said this law is “as egregious as it is irresponsible.”

“Flavored tobacco is deliberately marketed to young people, leading to lifelong addiction. Research from the U.S. Centers for Disease Control and Prevention estimates that, without restrictions, 1 out of every 13 of today’s children will die prematurely from smoking-related illnesses,” he said. “We all want a safe and healthy future for our families, and we need access to the tools granted to us by the Ohio Constitution to protect the most vulnerable among us.”

Cincinnati’s mayor, Aftab Pureval, said it is a city’s “responsibility to build policies that address the needs and challenges of our local communities.”

“Our constitutional right to home rule is based upon a fundamental truth that cities are in the best position to understand and respond to the unique circumstances of their constituents,” he said in the release. “Preventing Ohio cities from making decisions in the best interest of public health is not only a violation of that right – it is also a harmful policy, particularly for the most vulnerable among us.”

Justin Bibb, mayor of Cleveland, said they have all proposed local legislation to address tobacco, highlighting Cleveland’s high 35% adult smoking rate.

“This lawsuit represents a united front in standing up for what is morally right and is an imperative next step to ensure that we are prioritizing the health of Ohioans above profits for the tobacco industry,” he said in the release. “We cannot and will not remain silent. We join the City of Columbus in these efforts, and we’ll continue to work with lawmakers and other stakeholders in this fight for our residents’ health. Their futures depend on it.”

At his State of the State Address on Wednesday, DeWine urged President Joe Biden’s administration to ban flavored tobacco/e-liquid sales and, if not, then for the General Assembly to pass a statewide ban on such products, according to a press release from the governor’s office.

In response to the address, the American Heart Association issued a statement thanking him for his statements regarding sales bans of flavored products.

“Given this call for a statewide flavor ban, we also recognize Ohio’s status as a ‘home rule state’ and believe the constitution is clear in that designation,” the release reads. “The power of community voice is important in protecting policies that promote longer, healthier lives. Preemptive state laws that limit local authority are often a barrier to public health and equity goals.”

Spectrum News 1 Ohio has reached out to leadership in the Ohio General Assembly but did not receive a response before publication.

The Associated Press and Camri Nelson contributed to this article.

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