Ohio GOP lawmakers want to override DeWine veto on flavored tobacco bans

Some Ohio House Republicans want to block cities from banning flavored tobacco. They're trying to override Gov. Mike DeWine's veto to do it.

The fight underscores divisions between DeWine and fellow Republicans over flavored tobacco, including menthol, and the tension between state lawmakers and city officials over home rule, a principle that allows local politicians to set policy for their neighbors.

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In late 2022, Columbus City Council voted to ban the sale of flavored tobacco products starting on Jan. 1, 2024. Cincinnati, Dayton and Cleveland are considering similar regulations.

City leaders say these changes are needed to reduce teen vaping. Studies show young people overwhelmingly prefer fruit or candy-flavored e-cigarettes even though the legal age to purchase cigarettes and tobacco products is 21 years old.

But Republicans in the Ohio Legislature quickly passed a bill to undo Columbus' ban. Legislators also included a restriction on cities prohibiting flavored tobacco sales in the state's two-year budget.

However, DeWine opposed flavored tobacco sales and vetoed that change twice. DeWine's action allowed Columbus' ban to move forward and other cities to pursue new ones.

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Several months later, Republican lawmakers are trying to undo what DeWine did, but it's not clear if they will succeed. To override DeWine's veto, Republicans will need support from 60% of lawmakers in the House and Senate. Vetoes are rare because of the high threshold required.

House speaker backs override of DeWine veto

Speaker Jason Stephens, R-Kitts Hill, told reporters Wednesday that he supports overriding DeWine's veto because it would provide consistency across the state for those who sell tobacco products. "Especially in the retail space, it's a little bit confusing for consumers and retailers."

DeWine, through a spokesman, said lawmakers could provide that consistency by banning flavored tobacco, including menthol, statewide. In the meantime, "the governor supports any local government who wants to go a little farther in protecting kids," DeWine spokesman Dan Tierney said.

Democratic Rep. Casey Weinstein, of Hudson, opposes the override, saying it would harm cities' home rule powers and children, who are particularly susceptible to flavored tobacco. Weinstein also said DeWine isn't fighting hard enough for a statewide ban.

"I appreciate the governor's stance but I haven't seen him fight for these priorities in the Legislature," Weinstein said. "The governor counts votes and then he moves on if he doesn't have the votes."

Latest challenge to home rule

An override would be another attack on cities' power to set their own policies. In recent years, state lawmakers have banned local rules on everything from plastic bag restrictions and puppy sales to red-light cameras and minimum wage.

Cities must be allowed to use their rules to keep addictive products out of the hands of children, said Keary McCarthy, executive director of the Ohio Mayors Alliance.

“Teen tobacco use is on the rise as vaping and other flavored tobacco products are targeted towards children," McCarthy said. "Overriding Gov. DeWine’s veto would be a mistake that would adversely impact teens and undo other retail tobacco licensing efforts that have been on the books for over 20 years.”

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Targeting those who sell to those under 21

Against that backdrop, one GOP lawmaker has a new idea to reduce teen vaping. Rep. Sara Carruthers, R-Hamilton, has introduced House Bill 258, which would increase the fines for stores that repeatedly sell tobacco or vaping products to those under 21.

“The negligence of these retailers has directly led to an increase in the use of these products by students, and it is only getting worse," Carruthers told a House committee this week. And current penalties aren't enough. “It’s a slap on the hand to these people.”

Carruthers' bill is in the first stages of the legislative process. Meanwhile, Stephens isn't sure whether lawmakers will have enough votes to override DeWine's veto.

"It's the political process and having the numbers and trying to see the energy behind that," Stephens said.

Jessie Balmert is a reporter for the USA TODAY Network Ohio Bureau, which serves the Columbus Dispatch, Cincinnati Enquirer, Akron Beacon Journal and 18 other affiliated news organizations across Ohio.

This article originally appeared on Cincinnati Enquirer: Will Ohio lawmakers override DeWine's veto on flavored tobacco bans?