Columbus, OH – As the Ohio Supreme Court prepares to hear Columbus v. Ohio—a case challenging Ohio’s preemption power—The Buckeye Institute released its most recent policy brief, Striking a Balance: Local Governance, Individual Rights & Economic Growth, which makes the case for a predictable and uniform regulatory environment across the state that supports pro-growth activities and respects constitutional rights.

“State preemption is a necessary tool to protect fundamental rights, promote economic opportunity, and ensure regulatory clarity,” said Greg R. Lawson, senior research fellow at The Buckeye Institute and the co-author of Striking a Balance. “And Ohio’s families, residents, and businesses deserve reasonable, uniform rules to follow as they pursue opportunities, innovation, and success.”

In policy areas critical to Ohio’s economic growth and constitutional rights, local governments have explored or enacted policies that:

• Restrict Energy Exploration and Infrastructure, which risks disrupting regional markets and the broader state economy.
• Restrict Data Center Development, which jeopardizes billions in private investment and the state’s economic growth.
• Infringe on Constitutional Firearm Protection, which violates the U.S. Constitution, creates legal confusion, undermines equal protection, and erodes public confidence in the rule of law.
• Ban Short-Term Rentals, which infringe on private property rights, restrict income opportunities and fiscal flexibility for families, and reduce tourism spending that supports smaller communities.
• Ban Tobacco Sales, which reduces and impedes state tax collection and harms small businesses.

As The Buckeye Institute argued in its recent amicus brief in Columbus v. Ohio, Ohio’s Home Rule Amendment leaves the state supreme in matters of general concern and subjects local municipalities to the plenary power of the state. In these and other areas of general concern, Ohio’s General Assembly can and should strategically tailor laws that preempt or supersede local actions. 

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