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Ohio Home Rule

Supreme Court watchers, among them Barry Friedman and Dahlia Lithwick, have noted this term’s focus on federalism, the division of power between the federal government and state governments.



Recent actions in Ohio have similarly drawn attention to the intrastate distribution of power. As the Plain Dealer describes, an Ohio municipality filed suit against the State over a trans fat ordinance. Last year, the City of Cleveland passed the ordinance banning trans fats in restaurants and food shops. Subsequently, the State of Ohio enacted a law, R.C. 3717.53, prohibiting political subdivisions from “restrict[ing] food … based on the food nutrition information.” The City of Cleveland is now challenging the constitutionality of this law, specifically claiming that the law violates the home rule provision of the state’s constitution. Here is a copy of the City of Cleveland’s press release along with the complaint.



Interested in learning more about Ohio’s home rule provision? The Legislative Service Commission prepared this brief last year.