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Cleveland health director reacts after judge rules Ohio law banning cities from tobacco regulation is unconstitutional

Cleveland is one of more than a dozen cities in Ohio that sued the state, arguing cities should be able to regulate tobacco and nicotine products at a local level.

CLEVELAND — 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.

"It just irks me, because at the end of the day, I’m concerned that there will be an underground market," Council President Blaine Griffin said during a Health Committee meeting last week. "Somebody's going to find a way to sell these."

Griffin had concerns about restricting flavored tobacco and nicotine products.

"I just think, why aren't we focusing more on education as opposed to saying ban?" he asked during the gathering with the public health director.

Margolius says the city has 600 tobacco retailers, and four out of five schools have a shop within a couple of blocks.

"Just kids walking home, if they pop into a convenience store for a bite to eat or drink. are just overwhelmed with tobacco products and flavored vapes, which are very clearly designed to try and attract kids," he warned.

WKYC reached out to smoke shops to get their reaction to the judge's ruling. Mo Dayem, who tells us he's the vice president of the Ohio Retail Group that represents multiple smoke shops across the state, said:

"It is time for Ohio cities to stop wasting taxpayer money and resources on futile efforts to impose ineffective tobacco laws that will not tangibly improve the health and well-being of their communities.

"The endless battles to restrict individual freedoms and undermine public rights are a misguided use of public funds. Instead, we should focus on meaningful initiatives that promote public health, safety, and education. We will continue to fight for the fundamental right of individuals to make informed choices about their own lives, free from government overreach and unnecessary regulations."

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