SIOUX FALLS, S.D. – The controversy over a statewide smoking ban continues in South Dakota after a judge ruled that opponents had enough petition signatures to put it before voters next year, the Sioux Falls Argus Leader reports.
The state Legislature passed a smoking ban and the governor signed it into law in March, but opponents filed a lawsuit to put a ban before the voters instead. A judge issued a stay on the ban’s enactment, which was scheduled for July 1.
Then Circuit Court Judge Kathleen Trandahl recently ruled that the opponents had collected enough signatures for a ballot initiative. S.D. Attorney General Marty Jackley and Secretary of State Chris Nelson will decide soon whether or not to appeal Trandahl’s ruling.
The American Cancer Society, which had teamed with the state in support of the ban, revealed last week that it would not appeal the decision. The Cancer Society thought it would be better to focus its attention on the ballot referendum instead of an appeal, said Jennifer Stalley, the society’s government relations director.
If the state does not appeal, voters will decide on a statewide smoking ban in 2010, which is what opponents such as Don Rose have fought for. “A vote of the people is what they should have done in the first place,” said Rose, who owns Shenanigan’s Pub and one of the organizers of the petition drive.