Judge: SD Smoking Ban Eligible to be Referred to Vote

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By Associated Press

Story Created: Nov 12, 2009 at 10:37 AM CST

Story Updated: Nov 12, 2009 at 6:43 PM CST

A judge ruled Thursday that South Dakota's smoking ban is legally eligible to be referred to a statewide public vote.

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The decision by Circuit Judge Kathleen Trandahl of Winner means she will hear detailed arguments on whether thousands of petition signatures calling for the referendum are valid.

The American Cancer Society argued that the new law, which would
ban smoking in bars and casinos, could not be referred because it
is needed for the immediate preservation of public health.

But Trandahl said the Legislature didn't declare the ban an emergency, so it is eligible to be referred.

She also rejected a motion by bar and casino owners to find that many challenged signatures should be counted because any mistakes on petitions were only minor.

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Friday, Nov 13 at 9:09 AM To Bill wrote ...

Let them pay, they can afford those cancer sticks, they can afford to pay for this waste of time vote.

Thursday, Nov 12 at 7:43 PM Bill wrote ...

Let the guys that signed to sue the State pay for it. Why should we pay for what the legislature all ready voted on.

Thursday, Nov 12 at 6:47 PM No rights are taken away wrote ...

you still have every right to smoke, Just not were you can harm others. Feel free to step outside and smoke suck it in. Remember if you are smoking at home please think about your children they need clean air for there young lungs

Thursday, Nov 12 at 5:57 PM anonymous wrote ...

So whats next for taking away a persons right to choose. There goes freeedom of expression.

Thursday, Nov 12 at 5:56 PM Tammy wrote ...

Stop stinking up the air I have to breath. Stay home and smoke. You stand outside restaurants and I have to walk through the stink and smoke just to get into a non-smoking building. I don't fart and have you walk through it, don't make me walk through your stinky smokey habit.

Thursday, Nov 12 at 4:45 PM States Addiction wrote ...

Will have to wait for the judge to rule if the signatures are indeed valid. Thus the reason for the trial.

Thursday, Nov 12 at 4:24 PM Anonymous wrote ...

The signitures were invalid give it up. At least thanks to this bill there is some bars that are now smoke free that we can go to and not come home smelling like an ashtray.

Thursday, Nov 12 at 12:53 PM Bill wrote ...

My friends won't even smoke in their own homes but go and stink up the bars cause it's their rights. What low life

Thursday, Nov 12 at 11:17 AM Long Enough wrote ...

Another year of smelling those cancer sticks. People better get out and vote.

Thursday, Nov 12 at 11:06 AM States Addiction wrote ...

This case is based on pettition signatures. Sorry for your lost American Cancer Society. Stop trying to strong arm this, let it be decided by public vote. The big winners will be the media, advertisers, etc. as millions will be spent on advertising and in the end the ban will still win.

Thursday, Nov 12 at 11:04 AM Anonymous wrote ...

lame

Thursday, Nov 12 at 10:47 AM Anonymous wrote ...

What a joke.

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