Ohio court invalidates state preemption of Cleveland trans fat ban

As reported in The New York Times, The Wall Street Journal, and elsewhere, a trial court judge in Cuyahoga County, Ohio, invalidated the Ohio state legislature’s attempt to preempt Cleveland’s ban on trans fats, passed in 2011.  The analysis in the judge’s brief order (quoted in the Journal article) is nonetheless complex due to the Ohio Constitution’s home-rule language.  For another case analyzing this constitutional language but coming out the other way, see the Ohio Supreme Court’s opinion in Lima v. State, which upheld state preemption of city employment residency requirement ordinances.

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About pdiller

Paul Diller is an associate professor at Willamette Law whose research focuses on local government, policy innovation, the police power, and related issues of state and federal constitutional law. His scholarly work has appeared in, among other journals, the Stanford Law Review, The University of Chicago Law Review, the Michigan Law Review, and the Georgetown Law Journal. In recent years, Diller has worked on local obesity prevention policy with a leading nonprofit public health organization. Diller graduated from the University of Michigan Law School and the University of Pennsylvania, both magna cum laude. In his spare time, he enjoys baseball, snowboarding, drinking coffee, and spending time with his family.

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