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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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• 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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• Voters Will Decide On Smoking Ban 

A judge has ruled that a law which would ban smoking in South Dakota bars and casinos will go to a public vote in November 2010.

Circuit Judge Kathleen Trandahl made her ruling shortly after closing arguments wrapped up Friday afternoon.

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• Notary Questioned About Seal In Smoking Ban Trial 

South Dakota's smoking ban faces one burning question. Did the notaries who verified the petitions do enough to make them official?

A two-day trial started Thursday in Pierre. The opponents of the ban are only 18 signatures short of getting the issue on the ballot.

Several notaries took the witness stand Thursday and were questioned about how they signed and dated the petitions and if they did it legally.

Linda Wegman was one of the notaries questioned and always thought she had her 'I's' dotted and 'T's' crossed when it came to notarizing documents.

"It's hard to remember the date so I had my date printed right on it, thought I had all my bases covered," Wegman said.

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• SD Smoking Ban Eligible To Be Referred  

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

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.

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• Smoking fight heads to court  

PIERRE — The main event starts Thursday morning in South Dakota’s courtroom battle over whether the expanded smoking ban passed by the Legislature earlier this year will become an election battle next year.

PIERRE — The main event starts Thursday morning in South Dakota’s courtroom battle over whether the expanded smoking ban passed by the Legislature earlier this year will become an election battle next year.

In dispute is whether the ban can be referred to a statewide vote next Nov. 2 as part of the 2010 general election.

First up Thursday are arguments before Circuit Judge Kathleen Trandahl about whether the law can be referred, as well as a related argument on one piece of evidence and an argument regarding notary-public information on the petitions.

Depending upon how Judge Trandahl rules on those questions, next up might be a lineby-line battle over the validity of hundreds of signatures on the referendum petitions.

The latest affidavit from Secretary of State Chris Nelson shows the petitions are 61 signatures short of the 16,776 minimum necessary to qualify for the ballot.

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• SD Smoking Ban Gets Its Day In Court This Week  

South Dakotans could know the fate of the statewide smoking ban by the end of the week. Both sides of the ban will be heading to Pierre Thursday to dispute the nearly ten thousand petition signatures that were thrown out, keeping the issue off next November's ballot.

In July supporters of the smoking ban were able to get the Secretary of State to throw out nearly ten thousand names on the petition turned in by opponents of the ban. Bar and casino owners across South Dakota filed a lawsuit to challenge the decision.

Thursday is their day in court and they are prepared to call up to 20 witnesses to defend the signatures and names that were tossed.

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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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• 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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• 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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• VIDEO: American Cancer Society Joins Smoking Ban Fight 

The American cancer society has filed paperwork to join the legal fight over a smoking ban approved by the legislature.

The American Cancer Society told KSFY this afternoon that they are not asking to do anything different than just be a part of the process.

Jennifer Stalley, the American Cancer Societies Director of Government Relations said this afternoon that now that they've filed the necessary paperwork, they'll just be waiting for Judge Barnett's decision. Stalley said, "We'll await the judge's ruling and if we're allowed to intervene. Certainly, our intention would be to make sure the supporters of the smoke free law are fully represented to the judicial part of this process."

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