Ohio Law Restricting Local Tobacco Measures Questioned By Judges

Ohio appellate court judges appeared skeptical at oral argument Tuesday that a state law restricting municipal regulation of tobacco is constitutional.

“We have menthol cigarettes, we have the city of Columbus seeing a specific problem and addressing it,” Ohio Tenth District Court of Appeals Judge Michael C. Mentel asked Jonathan Secrest, an attorney for Ohio. “Why shouldn’t home rule apply?”

“We’re dealing with the state preempting—telling municipalities, that the sale of all tobacco is vested with the authority of the state,” Secrest replied.

“You’re saying if the city can identify this problem in its backyard, it can’t do anything about ...