Скачать или смотреть Judge rules Ohio law banning cities from tobacco regulation is unconstitutional

It was a big win for Cleveland and cities across the state after a Franklin County judge ruled a recent Ohio law that bans cities from regulating the sale of tobacco products is unconstitutional.

It's just the latest development in the yearslong debate over tobacco regulation. In 2022, the Ohio General Assembly passed a law that bans cities from regulating tobacco and nicotine products, giving that power to the state. Gov. Mike DeWine vetoed it, but the state legislature passed it again last year as a line item in the state’s budget.

Again, DeWine vetoed the measure, but lawmakers overrode his veto this past January. In April, Cleveland and more than a dozen other cities decided to file a lawsuit against the rule.

"We got a win in court where the judge said, 'Yeah, cities should be able to have their own tobacco laws,' in light of the fact that the state doesn't really have a statewide control program," Dr. David Margolius, Cleveland’s public health director, told 3News on Monday.

Margolius says Cleveland has one of the highest adult rates of smoking in the country at 35%, more than three times the national average of 11%.

"We've got an issue here; we'd like to address it," he stated. "This is a huge priority for us at the health department."

Margolius says there is no law on the books regulating flavored tobacco products in Cleveland like other cities, including in Columbus and surrounding suburbs. The ruling allows the city to move in that direction, but he believes there is still more work to do to help City Councilmembers get on board.

Matt Rascon reports.