A coalition of Casino and restaurant owners, who objected to implementation of comprehensive statewide ban on smoking in all public places handed a petition to Secretary of State Office on Monday with enough signatures to demand a statewide public vote over this matter.  

The legislation approved by the South Dakota lawmakers several months ago would prohibit smoking in nightclubs, bars, restaurants, casinos and video slot revenues. It expanded a 2002 ban under which smoking was prohibited in the majority of public places, including offices, hospitals and other workplaces.

The implementation was set to enter into effect on July 1. However, it would be postponed until the fate of the ban would be decided on a public vote provided that opponents collected enough valid signatures.

Petitions with a total of almost 25,000 signatures were presented to Secretary of State Chris Nelson’ office by a group of bar and casino owners. In case there would be more than 17.000 valid signatures, the issue with indoor smoking ban expansion will be handed to next year’s ballot for a public statewide vote.

The expansion opponents admit the tobacco ban has been too excessive and would dramatically hurt the restaurant and gambling industry by whisking away smoking patrons.

Jerry Lamm, owner of video poker venue and leader of coalition that collected signatures stated that during the current difficult economic times and be deprived of a quarter of patrons would significantly hurt business, putting many small venues on the brink of bankruptcy. 

At the same time the backers of the ban claimed the health complications caused by active and passive smoking have been more important than revenues of business owners.  

However, the supporters still have a right to challenge the petition over the validity of signatures, in case the secretary of state will pass the bill to the vote.

At the same time, if it comes to the public vote the ban supporters are confident that the measure would be approved since the overwhelming majority of South Dakotans expressed their support for the expansion.

The secretary of state’s personnel would review an arbitrary pattern of 5 percent of the signatures to identify whether the petition contains enough valid signatures to pass the measure to the public vote.  

Secretary of State Nelson declared his staff would finish reviewing signatures within a week to announce the final results until July 1.

Lamm stated passing the measure to the ballot would provide business owners with much needed time to attempt to convince the lawmakers to reach a compromise on the issue as well as to collect enough votes for its final defeat. Legislators refused to consider options like permitting smoking in physically separated sections of establishments or in venues where the entrance is allowed to adults of at least 21 years old.

In case the signatures are declared invalid and the bill would come into force on July 1, it would become one of the strictest anti-smoking policies across America.