Central Ohio cities slam tobacco ban override as 'unconstitutional overreach,' vow action

Central Ohio communities with newly enacted flavored tobacco bans slammed Ohio legislators after they rescinded local governments' ability to make such restrictions.

"Today, the statehouse arbitrarily decided that, for the first time in Ohio history, local communities shouldn't have the ability to decide what's best for the health of our communities," said Bexley Mayor Ben Kessler in a written statement to The Dispatch. "This is an unconstitutional over-reach, and one that warrants a robust legal challenge."

Along with Columbus, the central Ohio suburbs of Bexley, Grandview Heights and Worthington had passed bans on flavored tobacco and vape products, seeking to stop the marketing of the likes of strawberry, mango or gummy bear vape products while also halting the sale of menthol cigarettes. Critics of such products say they target young and vulnerable smokers and more easily hook them to unhealthy life-long habits.

The Ohio Senate on Wednesday overturned Gov. Mike DeWine's veto of a measure that prohibited cities from imposing flavored tobacco bans.

"Local laws around nicotine regulation are not new, and until now local authority has never been questioned in this arena," Kessler said. "'Tobacco under 21' and restaurant/bar restrictions are all examples of now-universal laws that first showed up in local contexts."

Kessler charged lawmakers who overrode Gov. Mike DeWine's veto Wednesday afternoon of siding with those marketing products "designed to lure our teenagers and children into addiction."

Worthington City Council voted to ban the sale of flavored tobacco products because its use is a public health crisis, which particularly affects young people and African American populations, said Anne Brown, city spokesperson.

"The products are sold in flavors that appeal to youth, such as cotton candy, bubble gum, banana smash and many others, and the use of menthol cigarettes disproportionality impacts African American smokers," Brown said in an email.

Worthington plans to "look at all options" to counter the statehouse action, Brown said, and work with Columbus Public Health on reducing its impact.

Columbus officials are "outraged but not surprised" by the latest efforts of GOP lawmakers, said Nya Hairston, a spokesperson for the City Council. The latest state move "allows massive corporations that profit off of addiction to continue targeting communities of color and other at-risk groups."

"While Statehouse Republicans remain complicit in the proliferation of health disparities created by historic racist policies like redlining, the fight continues," Hairston said in an email. "City Council is committed to righting the wrongs of the past, whether that is by restricting the sale of flavored tobacco, implementing gun safety legislation, or creating access to quality housing. “

wbush@gannett.com

@ReporterBush

This article originally appeared on The Columbus Dispatch: Bexley, Columbus vow to fight override of flavor tobacco ban