The Ohio Supreme Court heard oral arguments on Tuesday in a lawsuit filed by 21 municipalities challenging a state law that blocks local governments from banning flavored tobacco and vape sales. This legal battle represents a critical test of Ohio’s constitutional “Home Rule” authority, pitting local public health initiatives against state-level regulatory uniformity.
The conflict escalated in 2024 when Republican lawmakers successfully overrode Governor Mike DeWine’s veto of a budget provision that prohibited cities from enacting local flavored tobacco restrictions. Lawmakers had previously attempted to pass this preemption via House Bill 513 in 2022, which DeWine also vetoed.
Representing the state, Deputy Solicitor General Zachery Keller argued that the statewide preemption is a “general law” designed to establish uniform standards across Ohio. Keller asserted that the Home Rule amendment, approved by voters in 1912, “was never supposed to be this weapon that cities used to overturn state law.”
Conversely, Richard Coglianese, representing the coalition of 21 cities, argued that the state cannot pass laws whose sole purpose is to restrict municipal powers. Coglianese warned that allowing the state to preemptively strip local authority under the guise of “general law” would render the Home Rule amendment “utterly meaningless.”
The case has drawn intense interest from national and statewide advocacy groups, deeply dividing business interests and public health organizations.
| Supporters of State Preemption (Industry & Business) | Supporters of Municipal Home Rule (Health & Local Gov) |
|---|---|
| Ohio Council of Retail MerchantsOhio Chamber of CommerceOhio Grocers AssociationNational Shooting Sports Foundation | Ohio Mayors AllianceOhio Municipal Attorneys AssociationNAACPAmerican Heart Association, AMA, & health groups |
This is not Ohio’s first battle over state preemption. While the Supreme Court upheld a statewide ban on local gun regulations in 2010, other disputes, such as a challenge to a statewide ban on local plastic bag restrictions, were dropped before reaching the high court. The outcome of this tobacco case will define the boundaries of local governance in Ohio for years to come.
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