It's the lawsuit that has smokers and some businesses joining forces to make sure South Dakota doesn't become smoke free.
Now another group is getting involved.

South Dakota's Legislature approved a ban earlier this year, Governor Rounds signed it into law...to go into effect July 1.
But a failed petition to bring it to a public vote led to a lawsuit to stop the ban from taking effect.
Tomorrow, the American Cancer Society will ask to join that lawsuit in hopes of making bars and restaurants smoke free.

The American Cancer Society fully believes if it is successful in making South Dakota smoke free, the impact on people's health will be real and lasting. Erik Gaikowski is an American Cancer Society spokesman. "The more smoke free places there are the less likely people are going to be to smoke and you'll decrease your risk of lung cancer, heart disease and asthma."

According to the advocacy group "No Smoke", Iowa, Minnesota and Nebraska currently have 100% smoke free laws for workplaces, restaurants and bars.
The American Cancer Society is hoping South Dakota is the next to fall in line but tells Action News, if this upcoming court case goes against them...they are already working on plans to bring the smoking ban to a statewide vote. "If the judge rules against us then we're obviously going to move forward in implementing a ballot campaign i guess."

The trial to decide the future of South Dakota's smoking ban will begin October 26th in Fort Pierre.

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