Secondhand Smoke Testimony Thrown Out by SD Judge

A South Dakota circuit court judge ruled that the American Cancer Society couldn’t introduce research that indicated health risks posed from second hand smoke in court.

This comes shortly after the American Cancer Society won a victory when they were able to  get the 2009 SD legislature to ban smoking in many state establishments, including but not limited to restaurants, bars and casinos.  New measures being considered would allow the ban to include workplaces and other public areas.  The ban was supposed to take effect July 1, but has met resistance from local business owners.

Deadwood SD bar and casino owners  say that  outlawing smoking would drive away their customer base.  They also argued that the new law  infringed upon business owner rights and have sought to  force a public vote on the matter in November 2010.  Businessmen gathered petition signatures to back their movement.

Current Secretary of State Chris Nelson did not allow the petitions in court however, stating that  many of the signatures were invalid.  Just as well, since South Dakota Constitution bars referendum votes on measures needed for the immediate preservation of the public health, peace or safety.

Circuit Judge Kathleen Trandahl, who is presiding over the case, will hold the trial Nov. 12-13.

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