Jump to full article: Mitchell (SD) Daily Republic, 2009-11-03
Author: Bob Mercer, Republic Capitol Bureau
Intro: 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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