Franklin County judge puts temporary halt on Ohio law that prevents cities from regulating tobacco

A Franklin County judge issued a temporary restraining order late Friday afternoon, stopping a state law from taking effect next week that would prevent Columbus, several Franklin County suburbs, Cincinnati and other Ohio cities from regulating tobacco products (Source: “Judge temporarily halts Ohio law to keep Columbus, other cities from regulating tobacco,” Columbus Dispatch, April 19).

The ruling means the local cities' bans on the sale of flavored tobacco products will remain in effect for now, but indicates that Franklin County Common Pleas Judge Mark Serrott believes the cities' case is likely to succeed.

Serrott scheduled a preliminary injunction hearing in the case for May 17.

Columbus, Cincinnati and several other Ohio cities filed a lawsuit Tuesday challenging the law created by the Republican-controlled Ohio General Assembly, arguing the legislature violated an Ohio constitutional amendment giving cities "home rule" to set their own laws for the good of their residents on certain matters, including on issues of public safety. The cities argue the new Ohio law allowing flavored tobacco sales negatively affects the health of Ohioans, particularly of teens increasingly turning to vaping.

The state law will go into effect everywhere in Ohio next week except the municipalities that are parties to the case. Besides Columbus, Cincinnati and Cleveland, that includes the suburban Franklin County cities of Bexley, Dublin, Gahanna, Grandview Heights, Hilliard, Reynoldsburg, Upper Arlington, Whitehall and Worthington.