Court: State must use tobacco fund for anti-smoking programs

A Franklin County judge ruled on Tuesday that $258 million from the state’s tobacco settlement fund that had been set aside in the recently passed state budget for Medicaid, child welfare and adult protective services programs must instead only be used for anti-smoking programs (Source: “Court rejects Ohio bid to raid tobacco fund,” Toledo Blade, Aug. 12, 2009).

“Depletion of the endowment fund, and discontinuance or reduction of the tobacco prevention and cessation programs funded by the endowment fund, would result in a substantial increase in tobacco-related premature death and disease in Ohio and result in a substantial increase in medical expense for both Ohioans and the state of Ohio for treatment of tobacco-related disease,” wrote Franklin County Common Pleas Court Judge David W. Fais.

However, Gov. Ted Strickland said the state plans to appeal the decision.

“I am glad that this judge has finally, after some 18 months, decided to bring clarity to his decision, and I look forward if necessary to taking this case to the court of appeals,” Mr. Strickland said. “The legal issues in this matter are not complex. That’s why I’ve been hugely puzzled at the extended period of time that this judge has taken to come to a conclusion.”