Jump to full article: Sioux Falls (SD) Argus-Leader, 2009-11-20
Author: Peter Harriman
Intro: 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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