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American Cancer Society joins smoking ban lawsuit  

Jump to full article: Associated Press (AP), 2009-10-07
Author: CHET BROKAW

Intro:

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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