Wednesday, November 11 2009
By Peter Harriman (
Argus Leader)
[Sioux Falls, SD] The state ban on smoking in public places that has been delayed by a legal fight is going to get its day in court this week.
A trial is set for today and Friday in Pierre over Secretary of State Chris Nelson's decision to invalidate 8,845 petition signatures, which denied opponents of the state smoking ban the chance to put a referendum on the 2010 ballot and let voters decide whether the prohibition should stand.
The smoking ban was approved by the Legislature and signed into law by Gov. Mike Rounds in March. However, Deadwood gaming interests, the Music and Vending Association, video lottery establishments and the Licensed Beverage Dealers of South Dakota quickly launched a petition drive to get a referendum on the ballot. The American Cancer Society challenged the results of the drive, and after examining more than 10,000 signatures called into question, Nelson invalidated more than two-thirds. That left petitioners about 200 short of the referendum threshold.
Judge to determine smoking ban's fate continues at argusleader.com...