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Second-hand testimony turned down  

The state judge in charge of deciding whether South Dakota’s new smoking ban can be referred to a statewide vote ordered Monday that the American Cancer Society can’t call witnesses to testify on the effects of second-hand tobacco smoke.

Circuit Judge Kathleen Trandahl agreed with arguments presented on behalf of four businessmen who led the petition drive last spring to put the ban on the November 2010 ballot.

The cancer society is attempting to show that the ban passed by the Legislature is necessary for the preservation of public health and therefore can’t be subject to referendum under a provision of the South Dakota Constitution.

“It is undisputed that the South Dakota Legislature passed HB 1240 without an emergency clause, and did not declare HB 1240 to be necessary for the immediate preservation of the public health,” Judge Trandahl said in her order released Monday.

The judge plans to hear the cancer society’s arguments on the public-health issue and the petition sponsors’ rebuttals on Nov. 12.

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• Second-hand smoke testimony banned from fight  

The state judge in charge of deciding whether South Dakota's new smoking ban can be referred to a statewide vote ordered Monday that the American Cancer Society can't call witnesses to testify on the effects of second-hand tobacco smoke.

Circuit Judge Kathleen Trandahl agreed with arguments presented on behalf of four businessmen who led the petition drive last spring to put the ban on the November 2010 ballot.

The cancer society is attempting to show that the ban passed by the Legislature is necessary for the preservation of public health and therefore can't be subject to referendum under a provision of the South Dakota Constitution.

"It is undisputed that the South Dakota Legislature passed HB 1240 without an emergency clause and did not declare HB 1240 to be necessary for the immediate preservation of the public health," Judge Trandahl said in her order released Monday.

The judge plans to hear the cancer society's arguments on the public-health issue and the petition sponsors' rebuttals on Nov. 12.

Her decision on whether the ban can be referred will determine in turn whether a trial should proceed on the validity of hundreds of signatures on the referral petitions. The trial would then start later that same day.

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American Cancer Society joins smoking ban lawsuit  

The American Cancer Society can take part in a lawsuit that will determine whether a smoking ban approved by the South Dakota Legislature will be referred to a public vote, a judge ruled Tuesday.

The society can intervene because the other parties, the state and opponents of the ban, will not adequately represent its interests, Circuit Judge Kathleen Trandahl said in her ruling. The ruling means the American Cancer Society can pursue its argument that the smoking ban cannot be referred to a public vote because it is necessary for the immediate preservation of public health.

Bars and casinos that oppose the ban collected signatures to force a public vote in the November 2010 election, but Secretary of State Chris Nelson eventually rejected the petitions, ruling too few valid signatures were collected.

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VIDEO: American Cancer Society Talks About Tuesday's Smoking Ban Ruling In Pierre  

The American Cancer Society filed a motion to intervene in the lawsuit. Tuesday the Judge ruled to allow the group to join the lawsuit. The judge also ruled that group member Jennifer Stalley would also join the lawsuit as an individual.

Click the video link to watch our live phone interview with Jennifer Stalley.

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American Cancer Society allowed to join smoking ban lawsuit  

The American Cancer Society Tuesday was allowed to become a party in the lawsuit questioning whether opponents of South Dakota's smoking ban got enough valid petition signatures to refer the issue to voters.

That will allow the ACS to make the case that the smoking ban passed by the Legislature this year but not yet implemented is not subject to review by voters.

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Cancer society in fight for ban  

The American Cancer Society can join a lawsuit that will determine whether a smoking ban approved by the South Dakota Legislature will be referred to a public vote, a judge ruled Tuesday.

That means the American Cancer Society can make the case that the smoking ban passed this year but never implemented is not even subject to review by the electorate and should immediately become law.

"It takes us back to that threshold issue whether this is important enough that the law go into effect sooner rather than later," Jennifer Stalley of the society said.

The society can intervene because the other parties, the state and opponents of the ban, will not adequately represent its interests, Circuit Judge Kathleen Trandahl said in her ruling. The society now can pursue its argument that the smoking ban cannot be referred to a public vote because it is necessary for the immediate benefit of public health.

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• Cancer society wins 

The American Cancer Society won another battle Tuesday in its campaign to reduce the number of places where people can legally smoke tobacco in South Dakota.

The cancer society and its South Dakota governmental affairs director, Jennifer Stalley, will get to take part in the court fight over whether there is a statewide vote next year on South Dakota's new law banning smoking in bars, casinos and restaurants with alcohol licenses.

State Circuit Judge Kathleen Trandahl ruled in their favor on Tuesday afternoon, over the opposing arguments from the attorney for the four businessmen who are seeking the vote.

The judge also reset the trial for Nov. 12-13, three weeks later than it had been previously scheduled.

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• Cancer Society Joins Smoking Ban Battle  

South Dakota's statewide smoking ban has now made its way to a courtroom. Both sides of the issue gathered Tuesday in Hughes County where they heard from a judge for the first time. . . .

Both sides also worked out how many petition signatures the smoking ban opponents are short of in order to refer the issue to a public vote. Larry Mann now says his cause is just 54 signatures short, and he's confident the court could review and approve enough to send the issue to the ballot box.

"We think so. Obviously, our opponents don't. But it's one of those complicated issues not knowing how a judge will rule," Mann said.

The trial date has now been moved back to mid-November, and after Tuesday's motions hearing, both sides are still confident the law is on their side.

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American Cancer Society Joins Smoking Ban Lawsuit  

A circuit judge has ruled the American Cancer Society can take part in a lawsuit that will determine whether a smoking ban approved by the South Dakota Legislature will be referred to a public vote. Circuit Judge Kathleen Trandahl said the society can intervene because other parties will not adequately represent its interests.

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VIDEO: American Cancer Society Seeks To Join Smoking Ban Lawsuit  

The American Cancer Society says if South Dakota restaurants and bars go smoke free, it will mean a reduction in lung cancer, heart disease and asthma. . . .

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

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Smoking Ban Hearing Heats Up Today In Pierre 

It’s been weeks since the issue of a statewide smoking ban has been debated. Today a judge in Pierre may decide on a few key issues that could bring the controversial ban to a public vote.

The American Cancer Society has already filed a motion to intervene in the smoking ban issue. Today in Pierre, SD, a judge may grant that motion.

The judge also has a few other summary judgements to consider. Both the group of bar owners and the Secretary of State's office have submitted summary judgements.

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• Smoking Ban Battle In Courtroom Tuesday 

The smoking ban legal battle could be decided as early as next Tuesday. Smoking ban opponents filed a lawsuit calling for a judge to decide whether rejected petition signatures should have been thrown out.

A hearing is set for Tuesday in Hughes County. That's when a judge is expected to rule on several motions that were filed from both sides of the lawsuit. And because both sides are asking for a summary judgement, the judge could rule on the case that same day. For now, proponents and opponents of the smoking ban say they'll wait and see.

Even though a decision could be made on Tuesday, the actual trial on the issue is scheduled for October 26 in Fort Pierre. It was originally was set for August 24 but was pushed back after the American Cancer Society requested that Judge Mark Barnett, a former Attorney General, not be part of the case.

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• Trial delayed in SD smoking ban dispute  

The trial has been delayed in the legal battle over whether South Dakota's strengthened smoking ban should be put to a statewide vote next year.

The trial originally was scheduled to start next Monday, but now has been moved to Oct. 26 in Fort Pierre, according to the state attorney general's office.

Circuit Judge Kathleen Trandahl will hold a hearing on Sept. 11 to deal with some issues in the lawsuit. . . .

The Sept. 11 hearing will deal with whether the American Cancer Society can intervene.

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Other View: With smoking ban, where there’s smoke, there’s fire 

An Aug. 24 court hearing date has been set to hear the smoking ban dispute. We hope the judge will decide the issue has become too convoluted to be decided by anything other than all South Dakotans weighing in at the polls.

When the ban opponents turned in 25,400 signatures to Secretary of State Chris Nelson, most were fairly confident the people would be voting on a statewide smoking ban in November 2010. After all, the group only needed 16,776 signatures and they had done the serious work of gathering them — with plenty to spare.

We say the intent of the voter, and the intent of the petition-signers, matters more than a clerical error on a notary public’s part — even 29 of them.

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Smoking ban battle continues 

The American Cancer Society doesn't meet the legal standards necessary to jump into the court battle over a public vote on South Dakota's expanded smoking ban, according to the lawyer for the video-lottery and casino business owners who want the vote to be held.

The attorney, Sara Frankenstein of Rapid City, said in newly-filed court papers Wednesday that the American Cancer Society's request to intervene shouldn't be allowed in the business owners' lawsuit against Secretary of State Chris Nelson.

Frankenstein said the society doesn't have a direct interest as defined by the South Dakota Supreme Court and U.S. District Judge Charles Kornmann in similar cases. . . .

Sioux Falls attorney Richard Casey has applied to state circuit court to allow the American Cancer Society and its South Dakota government affairs director, Jennifer Stalley, to intervene in the businessmen's lawsuit against the secretary of state, who is in charge of state elections.

Stalley in a court affidavit said the society spent more than $50,000 on research, polling and other activities, in addition to paying her salary, in pursuit of winning the ban's approval from the Legislature.

Frankenstein said that shouldn't matter.

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