The Buckeye Institute released a new policy brief on Mar. 11 addressing the role of state preemption laws as the Ohio Supreme Court prepares to hear Columbus v. Ohio, a case that challenges the state’s authority over local governments. The brief, titled Striking a Balance: Local Governance, Individual Rights & Economic Growth, argues for consistent statewide regulations that support economic growth and protect constitutional rights.
The issue is significant as it addresses how much control local governments should have compared to the state, especially in areas affecting economic development and individual freedoms. The Buckeye Institute’s position is that predictable and uniform rules are necessary for families, residents, and businesses across Ohio.
“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 co-author of the policy brief. “And Ohio’s families, residents, and businesses deserve reasonable, uniform rules to follow as they pursue opportunities, innovation, and success.”
The policy brief highlights several areas where local policies could impact the broader state economy or individual rights. These include restrictions on energy exploration and infrastructure; limits on data center development; measures that infringe on constitutional firearm protections; bans on short-term rentals; and prohibitions on tobacco sales. According to Lawson’s statement in the release, such actions can disrupt markets, deter investment, create legal confusion regarding constitutional rights, restrict property use or income opportunities for families, reduce tourism spending in smaller communities, impede tax collection efforts by the state government, and harm small businesses.
In its recent amicus brief filed in Columbus v. Ohio before the Supreme Court of Ohio, The Buckeye Institute argued that under Ohio’s Home Rule Amendment the state holds supreme authority over matters of general concern while municipalities remain subject to this plenary power.
According to the official website, The Buckeye Institute depends on private funding from individuals, corporations, and foundations. It operates offices on Capitol Square in Columbus while working to promote free-market public policy through research and data analysis both within Ohio and nationally. The organization aids policymakers with research aimed at advancing free-market principles and is classified as a nonprofit under section 501(c)(3) of the Internal Revenue Code.
