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• Pricey fight over ban expected 

Backers of a statewide smoking ban say they expect to be outspent by opponents in what's expected to be a hard-fought campaign after deciding Thursday not to appeal a judge's ruling. The decision makes the prospect of a November vote more likely.

However, Attorney General Marty Jackley says he and Secretary of State Chris Nelson will meet today to discuss a possible appeal. A decision is likely within a week.

Jackley said the American Cancer Society's decision not to appeal "is certainly a consideration" as he and Nelson decide the state's course. . . .

If, as Don Rose suggests, the state follows the cancer society's lead and decides not to appeal, the 2010 referendum will follow. Opponents of the ban such as Rose say this is what they've wanted all along. Rose owns Shenanigan's Pub, is a district director of the Licensed Beverage Dealers of South Dakota and was a key organizer of the referendum petition drive that ended up before Trandahl after the Cancer Society challenged the validity of thousands of signatures.

"A vote of the people is what they should have done in the first place," Rose said.

"Our deal was we always wanted to be able to let the people vote," added Mark O'Neill, president of the Licensed Beverage Dealers of South Dakota.

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• American Cancer Society Won't Appeal Smoking Ban Ruling 

American Cancer Society South Dakota Government Relations Director Jennifer Stalley says, “It is appropriate that today, on the 34th annual American Cancer Society Great American Smoke Out—a day dedicated to helping smokers quit—the American Cancer Society, along with more than fifty diverse public health, business and medical groups, will begin in earnest our statewide effort to support the smoke free law on the November 2010 ballot and ensure that no one has to choose between their health and their job in our great state."

“We are confident that the vast majority of South Dakotans support this law and that by this time next year –the 35th annual Great American Smoke Out—South Dakota will be a smoke free state.”

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• Cancer Society says it won't appeal smoking ban appeal decision 

Officials for the American Cancer Society in South Dakota say they won't appeal a court decision that will now send a smoking ban in South Dakota bars, restaurants, casinos and other businesses to the vote of the people in 2010.

The announcement by the Society's government relations director Jennifer Stally came on the 34th annaul American Cancer Society Great American Smoke Out Day. Stalley said in a news release that the Cancer Society "will begin in earnest our statewide effort to support the smoke free law on the November 2010 ballot and ensure that no one has to choose between their health and their job in our great state."

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Our Opinion: Smoking Ban Extension Decision Belongs To Us 

Based on a judge's decision last week - and pending a possible appeal - South Dakota's proposed smoking ban extension will go to a vote of the people a year from now. And that's where the decision belongs.

The law, which would ban smoking in bars, video lottery operations and Deadwood casinos, was passed by the Legislature last winter. . . .

What we all hope should follow during the next year is an informative discussion on the pros and cons of public smoking. This discussion should include the rights of business owners versus the rights of the public, the dangers of smoking and second-hand smoke, the economic impact of smoking not only in terms of businesses that may rely on it but also on health care in this country. The discussion must also include what's best for the future of this state and for its people.

The smoking ban vote should be an opportunity for the public to get involved in this dialogue. Whether we all do or not remains to be seen. Let's all hope to see it.

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Judge rules smoking ban can go to vote  

Citizens have the right to refer South Dakota's expanded smoking ban to a statewide vote, Circuit Judge Kathleen Trandahl ruled Thursday. Now it's up to her judgment whether sufficient signatures are valid on the petitions to put the referendum on the Nov. 2, 2010 ballot.

The trial over those signatures heads into the second and presumably final day this morning at the Hughes County courthouse, with the petitioners standing 17 signatures short of the 16,776 minimum necessary to make the battle. . . .

Under test is South Dakota's doctrine of substantial compliance regarding election laws. More than 8,000 signatures were rejected by Nelson. Lawyers for the three sides in the case spent Thursday afternoon battling over why signatures were disallowed.

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Smoking Ban Ruling May Impact Petition Process 

A statewide smoking ban may be the issue at the center of a court challenge in South Dakota, but Secretary of State Chris Nelson's part in the trial to put the ban on the ballot had nothing to do with smoking.

"The court found that there were a number of areas where we had determined there were errors with the petitions that the court has the authority to find substantial compliance and essentially overlook those types of errors," Nelson said.

Nelson plans to sit down with Attorney General Marty Jackley later this week to talk about the rules and laws regarding petitions and see if this ruling to allow these errors sets a precedent.

"If a court says these types of errors are okay, where does that land us on the next petitions? What other things are going to be okay then, and then we get to a point of is there integrity left in the petition process?" Nelson said.

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If a court says these types of errors are okay, where does that land us on the next petitions? What other things are going to be okay then, and then we get to a point of is there integrity left in the petition process?
South Dakota Attorney General Marty Jackley, on the smoking ban ruling.

Decisions on smoking ban appeals may emerge this week 

State officials should know this week whether they will appeal a judge's decision that paved the way for a public vote next November on a smoking ban in South Dakota.

Secretary of State Chris Nelson said Monday the decision to appeal Circuit Judge Kathleen Trandahl's ruling last Friday "will happen sometime this week" once he and Attorney General Marty Jackley find time to sit down and discuss it.

Jennifer Stalley, a spokeswoman for the American Cancer Society, said her group also hopes to decide on a potential appeal this week.

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Cigarette May Have Started Deadly Blaze  

Fire investigators believe a cigarette may have started the fire that killed a Belvidere couple early Monday morning. State fire marshal, Al Christie says a van caught fire and spread to the garage and house.

80-year-old Thomas Carrico and his 79-year-old wife, Helen, were inside at the time.

Christie says Thomas was a heavy smoker, and suspects a full ashtray or a smoldering cigarette caused the fire.

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Unusual strategies fell short for American Cancer Society in fight on smoking ban vote ($$) 

Two unusual arguments made in court on behalf of the American Cancer Society last week didn't get far.

Cancer society lawyer Richard Casey of Sioux Falls claimed that South Dakota's expanded smoking ban couldn't be referred to a public vote because the ban was necessary to preserve public health. Read more...

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Smoking Ban May Impact Voter Turnout 

South Dakota's voter turnout for next November's election could be a lot different than past years.

A local political science professor says a smoking ban on that ballot would likely lure more people to the polls. He says that could have an impact on other initiatives and political races.

Both supporters and people against a statewide smoking ban have worked hard to let their opinions be heard. And many of the arguments boil down to an issue of public health versus personal rights. Political science professor Jay Newberger says strong beliefs on both sides could spark a surge of voters who might not otherwise make it to the polls.

"I think it's gonna bring out a whole lot of voters, people I think generally in South Dakota, all the polls indicated South Dakotans very much, accept the smoking ban," Newberger said.

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VIDEO: Smoking Ban To Go To Public Vote In 2010  

Smokers will have at least another year of smoking in the bars in South Dakota.

That's because a circuit judge ruled yesterday that opponents of South Dakota's smoking ban have gathered enough petition signatures to put the measure to a statewide public vote.

After testimony ended in a two-day trial, Circuit Judge Kathleen Trandahl found that opponents of the ban had collected 2,244 more signatures than they needed to force a public vote.

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Vote on smoking ban OK'd 

Opponents of the state's smoking ban secured enough good signatures in a petition drive to put the issue before voters next November, Circuit Judge Kathleen Trandahl ruled Friday.

After hearing testimony in a two-day trial, Trandahl found that opponents of the ban collected 2,244 more signatures than they needed to force a public vote. She granted the opponents' request to order Secretary of State Chris Nelson to place the smoking ban on the November 2010 ballot.

Now proponents of the ban, including the American Cancer Society and the state, are weighing a decision to appeal.

The Legislature in March passed a nearly comprehensive ban on smoking in public places, and Gov. Mike Rounds signed it into law. It was supposed to have gone into effect in July, but implementation has been delayed as opponents mounted a referendum petition drive. The American Cancer Society challenged the validity of about 10,000 of the signatures, and the matter went to court, where Trandahl heard it this week in Pierre.

Trandahl noted that the secretary of state must decide whether to count signatures based on strict compliance with laws and regulations, but the courts have the discretion to decide when those who have gathered petition signatures have complied substantially with the laws and rules.

In her ruling from the bench Friday, Trandahl said that petitioners had gathered 19,020 valid signatures, 2,244 more than were required to meet the referendum threshold.

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Reaction To Smoking Ban Ruling  

ling was exactly what businesses who count on smoker clientele were hoping for. They believe they'll have enough support at the polls to stop the ban from going into effect.

The judge's ruling in pierre, took the smoking ban out of the courts and into the hands of voters.

"Let's vote on it and see what happens and it's going to wind up being whatever the voters decide. Very simple," said voter Dale Wilber

Bar and restaurant owners who oppose a statewide ban aren't asking for anything more.

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• STATE: Smoking ban can go to vote, judge rules  

South Dakota's new smoking ban will remain on hold until voters decide its fate next November.

That's where the issue stands for now after Circuit Judge Kathleen Trandahl ruled Friday afternoon there are sufficient valid signatures on petitions to refer the ban to a statewide vote next year.

After a two-day trial, Trandahl restored a net total of 2,261 signatures which Secretary of State Chris Nelson previously ruled were invalid. Before that, the petitions had stood 17 signatures short of the 16,776 minimum needed to make the ballot.

Her decision remains subject to a possible appeal to the South Dakota Supreme Court by Nelson or the American Cancer Society, which lobbied for the law and intervened in the lawsuit.

Nelson and a cancer society official each said no decision has been made yet regarding an appeal.

The judge said Nelson properly did his job in reviewing the signatures. She said state law gives the secretary of state “no discretion” regarding validity of signatures.

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Ruling Means Voters To Decide Smoking Ban 

It's been nearly a year since South Dakota lawmakers approved a smoking ban in the state, but it could be another year before we hear the final word on the issue. A circuit court judge's ruling will allow the voters of South Dakota to decide the fate of the smoking ban.

Judge Kathleen Trandahl's ruling Friday afternoon gave opponents of the ban more than 2,000 signatures. The major ruling came when Trandahl said the petitions that contained notary errors were valid.

It's a ruling that's considered a victory by one side and may be challenged by the other. Allowing South Dakotans to vote on a statewide smoking ban is what opponents have been fighting for since the ban was passed by the legislature this spring.

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