Jump to full article: Sioux Falls (SD) Argus-Leader, 2009-10-07
Author: Peter Harriman
Intro: 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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