City of Columbus v. State of Ohio

On behalf of the bipartisan Ohio Mayors Alliance and the Ohio Municipal Attorneys Association, Public Rights Project filed an amicus brief defending the Ohio constitutional provision that gives municipalities the authority to enact local health and safety laws without first receiving permission from the state.

Ohio’s home rule — established in 1912 — gives local governments the power to create laws that protect community health and safety so long as they don’t conflict with a state law. After Columbus and several other communities banned the use and sale of flavored tobacco to protect youth younger than 21, the state legislature passed a law preventing municipalities from making any such local laws. 

Under Ohio law, the state must meet certain criteria to override home rule authority. The cities argue that the state’s attempt to block local laws doesn’t meet those requirements. The city of Columbus and a coalition of Ohio cities are suing the state to defend their home rule authority.

Our brief explains that mayors and city attorneys are closest to their communities and rely on home rule to address local public safety and health concerns. The brief highlights the crucial role of home rule in local governance and its long-standing history in Ohio:

1. Local rule strengthens democracy. It allows communities to make decisions that reflect their needs and priorities. Strong home rule enables direct democracy in action, as the government is closer to the people.  
2. Local leaders rely on home rule to develop local laws. An established framework for balancing state and local authority helps municipalities govern. Overturning decades of case law will upend the balance of power between local and state governments and could undermine the rule of law. 
3. Home rule has been part of Ohio law for more than a century. Ohio was a leader in giving municipalities the power to govern locally. The state’s attempt to limit this authority — rather than letting Ohio communities decide for themselves — would violate the original intent of the Ohio Constitution. 

We’re urging the state Supreme Court to affirm an appeals court ruling and uphold the home rule principle. Without it, mayors and other local leaders can’t effectively serve their communities when state legislators constantly overrule their informed decisions.

Read the amicus brief.