Cleveland joined 13 other Ohio cities this week to sue the state over a new law that strips local governments of the right to regulate the sale of tobacco products such as menthol cigarettes and flavored vapes.
In January, the Ohio Senate overrode Gov. Mike DeWine’s veto of the measure, which was created to prevent local governments from enacting or enforcing tobacco bans stricter than those already in state law. The law is set to take effect on April 23.
The lawsuit, filed in Franklin County, argues that the statewide ban is unconstitutional because it infringes on “home rule” rights of local governments in the state constitution and harms the public health of teens and minorities. The cities, including Columbus, Cincinnati and multiple suburbs, are also asking a judge to temporarily halt the law from going into effect.
“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,” Cleveland Mayor Justin Bibb said in a statement. “We’ll continue to work with lawmakers and other stakeholders in this fight for our residents’ health.”
Public health officials estimated that 35% of Cleveland adults smoke, which is three times the national average, Cleveland Public Health Director Dr. Dave Margolius said, adding that smoking can lead to the development of diseases such as cancer and heart disease. He said smoking is one of the leading causes of death in Cleveland. Preventing the sale of some tobacco products could reduce the number of smokers in the city, he said.
“We’re not giving up. Saving lives is the goal,” Margolius said Thursday during a Health Policy Institute of Ohio webinar.
If the law takes effect, it would prevent cities from passing local legislation, similar to what s Bibb’s administration proposed last year. The law would have banned the sale of flavored tobacco products citywide and created a $500 yearly fee for retailers. The legislation was introduced for Cleveland City Council to consider in February 2023, but council never held a committee hearing to discuss it.
After hearing from local convenience stores and tobacco sellers worried about a “devastating loss of sales,” some council members pushed back against the proposed ban. Cleveland health experts, activists and advocacy groups, including the Cleveland chapter of the NAACP chapter, have continued to call for the ban.