South Dakota (SD) - judge smoking ban legally eligible for statewide public vote..

November 12, 2009 - Circuit Judge Kathleen Trandahl of Winner ruled Thursday, November 12th that South Dakota's smoking ban is legally eligible to be referred to a statewide public vote.

The decision means she will hear detailed arguments on whether thousands of petition signatures calling for the referendum are valid.

The American Cancer Society argued that the new law, which would ban smoking in bars and casinos, could not be referred because it is needed for the immediate preservation of public health. But Trandahl said the Legislature didn't declare the ban an emergency, so it is eligible to be referred.

She also rejected a motion by bar and casino owners to find that many challenged signatures should be counted because any mistakes on petitions were only minor.

Reference: SD Smoking Ban Eligible To Be Referred, KELOLAND.com, 11/12/2009.

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