I do agree the smoking ban foes have a right to challenge the validity of their petitions, but if SOS Chris Nelson invalidates the petition on Monday, I think the law should go into affect immediately (August 1);
The attorney general thinks that, “as a practical matter,” a judge then will enter a stay preventing the smoking ban from being implemented until the case is heard, which could take weeks or months.
I often agree with AG Long, but I think he is wrong on this one. If the state says something is ‘invalid’ then the law must go forward. If the courts find the petition legal, then they can reverse the law. This will be tied up in courts for months on end, trust me on this one. What irks me about the court case is that South Dakotans who overwhelmingly support a smoking ban have to wait around while lawyers have a pissing match. Like I said above, I am all for the match, the law needs to be clarified, but we shouldn’t put our lives and rights on hold while a couple of bar owners piss and moan they are being denied their liberty (that argument still makes me laugh my balls off). Bars don’t sell ‘smoke’ they sell ‘alcohol’ your liberties are not being taken away, STFU and deal with it. I also find it ironic that the same bar owners who say they will lose money if a ban goes into affect have all kinds of money for a lawsuit. Of course the tobacco industry is probably funneling money into the suit, but we will never know.