Outcome of Oct. 6 Smoking Ban Hearing

From: Licensed Beverage Dealers of South Dakota (LBDSD)
Website: http://www.sdliquor.com

During the hearing on October 6th, Judge Trandahl heard from the Secretary of State, Chris Nelson represented by the Attorney Generals office, Sara Frankenstein representing the Citizens for Individual Freedoms, and Dick Casey representing the American Cancer Society. The hearing offered the opportunity for Judge Trandahl to determine several pending issues, which included a summary brief to review 26 categories of rejected petitions and/or signatures and a summary brief to allow the American Cancer Society to intervene in the lawsuit.

Judge Trandahl did not address the valid petition issues at this hearing. She did decide to allow the American Cancer Society to participate in the lawsuit. They will try to show that we should not be allowed to refer the issue of smoking in a licensed establishment, because it is of immediate health concern to the people and therefore should not go to a vote of the people.

A new trial/hearing date has been set for November 12 & 13th in Pierre where the American Cancer Society may bring in witnesses to testify against having the people vote on this issue. In addition, the American Cancer Society will try to disqualify an additional 1000 signatures. Judge Trandahl will also hear our case on why many of the signatures, notary issues and petitions should be allowed to be counted as valid signatures.

Four associations; Music & Vending of SD, SD Association of Video Lottery Establishments, Deadwood Gaming Association and the Licensed Beverage Dealers of SD are involved in representing your rights as a business owner, to make your own decisions for your business