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Supreme Court ruling points out flaws in local smoking bans 

Beaufort County's smoking ban, which includes possible jail time, differs from the smoking ban upheld by the S.C. Supreme Court on Monday.

Part of the decision Monday that gave local government the right to pass smoking bans in public places said it is unconstitutional to "criminalize conduct." However, some local smoking bans do just that.

Only state law can make an infraction criminal, in that a possible penalty would include jail time.Smoking bans in both Beaufort County and Bluffton are worded that people found in violation can be fined up to $500 and face up to 30 days in jail, making it a criminal matter.

Gary Kubic, Beaufort county administrator, said the county may reevaluate its ordinance but that he had not examined the court decision and there are several issues involved, such as workplace hazards from secondhand smoke.

"Quite frankly, we've had little objections (to the ordinance)," Kubic said. "If it can improve our ordinance, we'll sure look at it."

Other nearby governments have their own versions

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