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Appeals court says Ohio legislative effort to block local tobacco laws unconstitutional
Appeals court says Ohio legislative effort to block local tobacco laws unconstitutional

Yahoo

time5 days ago

  • Politics
  • Yahoo

Appeals court says Ohio legislative effort to block local tobacco laws unconstitutional

An Ohio appeals court has unanimously decided that efforts by state lawmakers to prevent city governments from regulating tobacco products are unconstitutional. The Tenth District Court of Appeals, which covers Franklin County and hears many state government-related court cases, ruled July 8 that the Ohio General Assembly's attempt to bar Columbus and other cities from enacting their own rules about what types of tobacco products can be sold within their limits violated the Home Rule Amendment of the Ohio Constitution. Among other things, the Home Rule Amendment gives local governments the autonomy to enact ordinances related to the safety and welfare of their residents, including matters involving local police, sanitary, and other similar regulations, provided they don't contradict state laws. By 2023, Columbus and other cities had passed ordinances that regulated how flavored tobacco products were sold to snuff out swelling teen use of the products. The state legislature, in response, added an amendment state's 2023 budget bill to prevent cities from doing so. Gov. Mike DeWine twice vetoed the section, but state lawmakers voted to override the governor, in essence nullifying efforts by the cities. City Attorney Zach Klein's office filed a lawsuit against the state on behalf of Columbus and multiple other cities and municipalities in Ohio to prevent the law from taking effect. Klein, DeWine and others had argued for flavored tobacco bans, as well as limits on the sale of e-cigarettes, because of a rise in nicotine use among teenagers that threatened decades-long anti-tobacco efforts. The arguments also said sales of flavored tobacco, like menthol cigarettes, have targeted minorities and low-income people. Franklin County Common Pleas Court Judge Mark Serrott sided with the cities, saying the way the Ohio law is written violates the Ohio Constitution's provision that allows municipalities to govern themselves. The state appealed, and the Tenth District Appeals Court agreed with the cities. In a decision written by Judge David Leland, the appeals court said the state is trying to claim "exclusive power to regulate tobacco," which creates problems beyond where flavored tobacco is sold. "Cities would lose the power to enforce their tobacco laws, both criminal and civil. They would lose authority to keep city parks free of tobacco," Leland writes. "They could no longer regulate tobacco marketing. Licensing and zoning of convenience stores that sell tobacco products might be invalidated. Cities could do nothing to stem the sale of flavored tobacco products, no matter the addictive or mortal effects of the tobacco industry's targeted advertising to children or other demographic groups." Mayor Andrew J. Ginther told The Dispatch that he was encouraged by the decision. 'I'm glad the judges support the Ohio Constitution, that clearly states that home rule is a core principle of governing in this state. We have always said that local knows best,' Ginther said. 'The tobacco industry has disproportionately targeted young people, people of color and poor and disadvantaged communities and we feel like this is a smart and appropriate thing to do to protect kids. The governor stands with us on this.' The state can appeal the Tenth Court of Appeals decision to the Ohio Supreme Court. Steve Irwin, a spokesperson for Ohio Attorney General Dave Yost, said Yost's office is reviewing the decision and will talk about what next steps may be taken. The district appeals court is comprised of eight judges, three of whom hear cases as a panel and rule at a time. All of those judges are Democrats. Six of the Ohio Supreme Court's seven justices are Republicans, with Justice Jennifer Brunner being the lone Democrat. (This story has been updated to include comments from public officials.) Dispatch reporter Jordan Laird contributed to this story. Reporter Bethany Bruner can be reached at bbruner@ or on Bluesky at @ This article originally appeared on The Columbus Dispatch: Ohio court sides with cities in state tobacco law dispute

Ohio bill would hold adults more accountable for underage drinking
Ohio bill would hold adults more accountable for underage drinking

Yahoo

time10-06-2025

  • Yahoo

Ohio bill would hold adults more accountable for underage drinking

Jun. 10—A bill in the Ohio General Assembly aims to curb underage drinking by making it easier to prosecute adults who make alcohol available to minors by changing only one word in Ohio law. House Bill 19 is sponsored by state Reps. Adam C. Bird, R-New Richmond, and Josh Williams, R-Sylvania Twp. It's currently before to the House Judiciary Committee. The bill would change the word "knowingly" within the Ohio Revised Code to "recklessly." "(State law) states that parents cannot 'knowingly' provide alcohol to minors," Bird states in written testimony. "We believe that this standard should be changed to 'recklessly'. By changing this one word, these parents will no longer be able to stock a fridge full of alcohol for the party and then hide behind the plausible deniability of 'not knowing' the kids got into it. This will better allow prosecutors to go after parents who host these co-ed teenage drinking parties and then turn a blind eye to what goes on when they've left the room." Bird adds in his testimony that a resident from his district knows of nine girls in one school year who woke up from a drinking party with a boy on top of them. "Co-ed teenage drinking parties have always been prevalent but recently they seem to be growing in number, intensity, and can often lead to sexual assault," Bird said. "Sexual assault in these circumstances occur because of the mixture of alcohol, genders, and lack of supervision by adults." Underage drinking has been on the decline in Montgomery County for the past 10 years, according to Tristyn Ball, director of prevention and early intervention with Montgomery County Alcohol, Drug Addiction and Mental Health Services. She and her team found that the underage use of vaping devices is much more prevalent than underage drinking at the moment. This is complemented by a 2023 survey conducted by the ADAMHS Board that states 6% of 3,800 students in grades 7-12 drank one or more alcoholic beverages within the past 30 days. "(That) doesn't sound like a lot, but when you look at the 75,000 students that are in Montgomery County, that's a little higher than I want to see," Ball says. "When we look at young people's perceived risk of drinking, we have almost a third of Montgomery County students that saw little to no risk drinking a couple times a week so that's definitely a measure we want to focus on." In regards to H.B. 19, Ball sees no reason that the bill shouldn't pass, but predicted possible pushback. "I think this is definitely a step in the right direction of closing some of those loopholes," Ball says. "I don't foresee any reason that people in the behavioral health field wouldn't support this. I think politically, I can see the public getting hung up on the terminology and the ambiguity of that. How do you quantify 'recklessly' versus 'knowingly.' Also, it's an additional restriction, so I feel like there could be some pushback on that as well. Other than that, I don't feel like this is an incredibly controversial bill that I see a lot of issues with." If the bill does does pass, Ball believes it will be crucial to educate the community on what's changing and what that change means.

DeWine announces extended Ohio Sales Tax Holiday
DeWine announces extended Ohio Sales Tax Holiday

Yahoo

time31-05-2025

  • Business
  • Yahoo

DeWine announces extended Ohio Sales Tax Holiday

DAYTON, Ohio (WDTN) — Families will be able to save even more money during Ohio's tax-free shopping period. Gov. Mike DeWine and the Ohio General Assembly have once again expanded the Ohio Sales Tax Holiday to a full two weeks. Retail store opens in former Trotwood Big Lots The 2025 Sales Tax Holiday will run from Friday, Aug. 1 to Thursday, Aug. 14. This allows families to save money on school supplies and other general necessities. During this time period, shoppers can make qualifying purchases in-store and online without paying state sales tax. In 2024, the state of Ohio extended the three-day tax-free weekend to a full 10 days, and expanded to include a wider range of items up to $500, rather than be limited to just school supplies. 'Ohio's sales tax holiday is a practical way we can help working families keep more of their hard-earned dollars,' said Speaker of the Ohio House of Representatives Matt Huffman. 'Whether it's back-to-school shopping or everyday essentials, this is an opportunity for Ohioans to get more value for their money.' The tax exemption does not apply to services or to purchases of motor vehicles, watercraft, outboard motors, alcohol, tobacco, vapor products or any item containing marijuana. To learn more, visit the Ohio Department of Taxation's website. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

New guidelines proposed for pharmacy benefit managers included in state budget
New guidelines proposed for pharmacy benefit managers included in state budget

Yahoo

time25-04-2025

  • Business
  • Yahoo

New guidelines proposed for pharmacy benefit managers included in state budget

Apr. 25—After legislation that would have regulated pharmacy benefit managers failed in last year's Ohio General Assembly, new guidelines are being proposed in the state budget bill. "Pharmacists believe that PBMs can provide significant value to our health care system," said Jeff Bates, dean and professor of pharmacy practice at Cedarville's School of Pharmacy. "They must embrace, however, approaches that are fully transparent and fair. Accountability is key in this space." PBMs are companies that often work with large employers, health insurers and/or other payers for health care to help to manage prescription drug benefits, Bates said. In negotiating on behalf of those clients, PBMs influence how much drugs cost through negotiating rebates with the drug manufacturers and they can also set the reimbursement rates for pharmacies, the Ohio Pharmacists Association says. Whether or not to regulate Those looking to impose regulations on PBMs are concerned unregulated PBMs are contributing to growing pharmacy closures, which can impact access to health care. Opponents say imposing certain requirements for PBMs could raise health care and prescription prices. The provisions for PBMs the Ohio House approved in the state budget bill for fiscal year 2026-2027 are similar to regulations included in H.B. 505, or the Community Pharmacy Protection Act, which failed to make it out of committee in the last Ohio General Assembly. Some of the provisions recently approved by the House include: — PBMs would be required to reimburse Ohio-incorporated pharmacies that dispense a drug product for the "actual acquisition cost," i.e., the amount paid to the drug wholesaler, plus a minimum dispensing fee determined by the Superintendent of Insurance. — PBMs would be prohibited from reimbursing an Ohio pharmacy less than the amount the PBMs reimburse their affiliated pharmacies for providing the same drug product. — An Ohio pharmacy would be allowed to decline to provide a drug product if the pharmacy would be reimbursed less than the required amount. — PBMs would be prohibited from retaliating against Ohio pharmacies in regard to these rules. "The problem that's being resolved here is PBMs are both the price maker and the price taker," said David Burke, executive director of the Ohio Pharmacists Association, saying these are anti-competitive business practices. PBMs set both the contractual cost of how much drugs cost for a pharmacist to stock and then what a pharmacist is paid when they sell the drugs to a customer, Burke said. "The amendment sets an actuarial rate on both drugs and pharmacy services," Burke said. "...This is the exact same policy that Ohio Medicaid implemented several years ago with a single PBM, where it wanted to actually reimburse pharmacists at-cost for drugs and pay them at-cost for dispensing those drugs." A minimum dispensing fee A minimum dispensing fee is a measure to try to bridge the gap between what PBMs reimburse the pharmacies they own versus the reimbursements paid to independent pharmacies, proponents say. In one analysis, chain pharmacies were paid $46.87 on average for dispensing a 90-day supply of atorvastatin, a drug for treating high cholesterol and triglyceride levels, while an independent pharmacy was paid $1.90, according to the American Pharmacy Cooperative. Mandating dispensing fees could increase costs for consumers, the Ohio Chamber of Commerce says. "It was a bit of a surprise to see that make it into the budget," said Molly Mottram, director of health care policy at the Ohio Chamber of Commerce. A dispensing fee would be estimated anywhere between $10 to $15 in addition per prescription, Mottram said. "We can't make the assumption that PBMs are going to absorb those costs," , Mottram said. The chamber is concerned PBMs would to shift the dispensing fee costs down to employers. "Then that's going to shift down to the employee through cost of increasing premiums, deductibles and whatnot," Mottram said. The dispensing fee could help small pharmacies, but it risks higher overall costs that could adversely hurt state finances and consumers, said Rea Hederman Jr., executive director of the Economic Research Center and vice president of policy at the Buckeye Institute. "It would do this by mandating minimum dispensing fees while restricting PBMs' reimbursement flexibility," Hederman said. By contrast, reforms that boost transparency and competition could benefit consumers and businesses, he said. "Ultimately, there is a trade-off between helping one group of businesses and keeping overall pharmacy costs down for everyone," Hederman said. "We understand that pharmacy closures unfortunately happen but blaming PBMs is not based on facts. PBMs recognize the vital role pharmacies play in creating access to prescription drugs for patients," the Pharmaceutical Care Management Association said in a statement.

Republican plan would destroy Ohio's cherished libraries
Republican plan would destroy Ohio's cherished libraries

Yahoo

time08-04-2025

  • Politics
  • Yahoo

Republican plan would destroy Ohio's cherished libraries

I have had a library card since I first learned to write out my name, proudly carrying home my four books and anticipating a return trip. As a young mom, trips to the library for story hour, passing rainy days and yes, looking for guides on raising children were all a part of family life. Summer reading programs are a family tradition. My family has called on our libraries to learn computer skills, job seeking help, applying to college. I have tutored adult learners at the library, attended lectures and social meetings. Borrowing media of all types continues to be part of my life. More: Lawmakers propose $45M in cuts to Ohio libraries in state budget plan Millions of Ohioans share similar experiences. Libraries are the hallmark of democracy, providing services to all without asking the price of admission. Services that today's libraries provide were not even thought of a generation ago. The Ohio House proposed budget includes cuts to our community libraries. This monumental mistake goes against everything Ohioans value. It may save a few dollars but would impoverish communities and our State. The Ohio General Assembly must not use the budget to destroy our public libraries. Joy Bishop, Washington Court House Is corporate greed already infecting our government services? I was on the phone for two hours a few days ago trying to get answers from Social Security. 'Your call is important to us, please be patient.' Then, it was interrupted by a live person asking: 'Would you like to see if you qualify for a free emergency button to get immediate assistance in case of a fall?' I don't have a need for one, but I thought it would be good to have one that I could show to other residents of my retirement home. So, I answered 'yes.' What followed was about 20+ minutes of questions from this young lady, (age, health, physical condition, etc.) concluding with the declaration that, 'You are qualified to receive this free life-saving appliance.' This was followed with: 'Your only obligation is to pay the monthly service fee of $49!' I said: 'No, thank you,' and hung up! I was astonished — this sort of a trick on a government phone call? Is this something new, or have I just escaped this sort of commercial abuse until now? Michael Greenman, Columbus Congratulations on making it through another Ohio winter! As we move into the warmer months, I'm paying extra attention to applying my sunscreen in the morning — and as a pediatrician, I'm also taking the time to remind my patients' families to do the same. Everyone benefits from wearing sunscreen no matter the age or skin tone. While the incidence of skin cancer is relatively low in the pediatric population, it has been increasing over time. We also know that a significant amount of a person's lifetime sun exposure occurs before the age of 18, making sun protection in childhood extra important. There are many actions that can decrease this UV exposure and potential negative effects of too much sun. Applying at least 30 SPF sunscreen every day, even on cloudy days, is one of the best. Make it part of the morning routine, find combination moisturizers/sunscreens — anything that can be done to make it a consistent part of life. You can also consider wearing sun-protective clothing and minimizing the amount of time spent in peak sun exposure. Maria Jose Guerrero, Columbus This article originally appeared on The Columbus Dispatch: Cuts to Ohio libraries would go against all we stand for | Letters

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