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Smoking Laws Tighten in South Dakota

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Well, here’s another article showing the trend in this nation: to eliminate your ability to smoke anywhere other than your home…if you’re lucky. South Dakota instituted smoking legislation about 7 years ago, but have come back to tighten the reins a bit. Bars and casinos are now added to the list of non-smoking establishments.

(AP:PIERRE, S.D.), MAR 19 – Gov. Mike Rounds says the need to protect people from secondhand smoke played a role in his decision to sign a measure that bans smoking in South Dakota’s bars, video lottery casinos and Deadwood gambling halls.

“I think in this case, the health concerns top the other concerns that were expressed,” the governor said Thursday.

The new law, which takes effect July 1, extends a ban that has outlawed smoking in most public places since 2002. Beginning July 1, smoking will be allowed only in motel rooms and a limited number of cigar bars and smoke shops.

During legislative debate, supporters argued that secondhand smoke in bars and casinos hurts customers and employees. Opponents said the ban interferes with business owners’ rights.

State economists have said the ban likely will cut state revenue from gambling. The state gets some revenue from taxes and fees applied to Deadwood gambling halls. The state also has been getting more than $110 million a year as its half of the profits from video gambling establishments that offer poker and other games.

An economist from the governor’s budget office recently said a smoking ban could cut video lottery revenue by 15 percent to 25 percent in the budget year beginning July 1.

Jennifer Stalley of Pierre, an official of the American Cancer Society, praised the governor’s decision to sign the bill.

“I think it’s a big day for South Dakota,” Stalley said. “In the long run I think we’re going to save a lot of lives, a lot of money.”

Similar bans in other states have cut health care costs by reducing emergency room visits for heart problems, Stalley said. The ban also protects workers from the dangers of secondhand smoke in bars and casinos, she said.

“Nobody should have to choose between their health and their job,” Stalley said.

Until now, Deadwood gambling halls, bars, video lottery casinos and restaurants that sell alcohol were exempt from the smoking ban. Representatives of those industries fought the tighter ban all through the legislative session.

The law makes it a petty offense, carrying a fine of $25, for smokers who violate the ban and business owners or managers who fail to warn violators.

Rounds said smoking ban opponents may collect petition signatures to try to refer it to a statewide public vote in the November 2010 election. Such a referral would suspend the law from taking effect until after the public vote.

The governor said the bill written by the Legislature allows smoking in only a few places and can be enforced in a way that works.

The Legislature also recognized that while people have a choice whether they smoke, a larger number of people do not want to be irritated by secondhand smoke. Television ads run by supporters of the ban helped shape public opinion on the issue, he said.

“I think there’s also a conscious decision on the part of the majority of the public that it’s really not right to put employees in a position of losing their jobs if they can’t handle the secondhand smoke,” Rounds said.

As these smoking bans keep coming and coming, what are your thoughts? How do they sit with you? Are they good in general? Bad for business? Do you care? Let’s hear it, y’all.

http://news.ino.com/headlines/?newsid=6897178184790

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  1. Everytime I read something like this I know my blood pressure rises. Here in CO they did the same thing and it has hurt the gaming industry. When are these people going to learn? ARGH!!!

  2. Big Picture says:

    People need to look at the big picture. Gaming may suffer. Bars may lose some business for awhile. But hold the phone a a second. Several reports across the state estimate that the percentage of people who smoke across SD is at the highest report 28%. Most say 22-23%. So for the sake of arguement let’s say 28% of voters in SD smoke and they ALL gamble (not likely). Oh, and they all go to the bar regularly (not likely). Let’s assume half of those that currently like to drink and gamble will permanently stop because they have to take a break and go outside to smoke (again not likely). But let’s say all that will happen. Now, lets look at the non-smoking group (100-28=72). Ok, if your argument is that smokers stop coming, then you also have to consider that non smokers that avoid the smoke will begin coming. I would be willing to favor in your direction on the argument and not go overboard and say half would start. But, let’s say 20% would start coming, or go out more frequently. Let’s see… 72X20%=14.4%. It seems to me to be a wash on that arguement even giving you the benifit on the numbers both ways.

    As far as a businesses choice goes, here is the problem. If all businesses choose smoking there is no choice for the non-smoker. The fact still remains that if people smoke in a building, those around them have no choice. But wait, you say the have the choice not to go there, and I can assure you there are quite a few people who exercise that choice now. But if the ban passes, guess what, the same choice is there. If the want to smoke indoors they can CHOOSE not to go the bar. The fact is 28% of the population is making 72% of the population choose right now.

    As far as the petition goes, I won’t sign it, but would welcome it going to a statewide vote. If 17,000 people feel strongly enough that they want to have a vote, we’ll have a vote on it. Voting on anything is ALWAYS good. Oh, and that is a CHOICE, too.

  3. Big Picture says:

    And by the way, I am from South Dakota. And there in Colorado doesn’t really matter to “Here in South Dakota” unless you are planning to move here so you can smoke in the casino or bar! (And if that is your plans and that is your only motivation to move here, well… lol)

  4. @ Big Picture – It’s kinda funny, because you’re really missing the big picture. The issue here on a micro level is the smoking; on a macro level it’s about rights. While smokers in SD may make up only 28% of the population, does that mean their rights are less viable? If all business owners choose to allow smoking, then there’s the choice of nonsmokers to open their own business to allow no smoking. That’s freedom in a democratic and free-market society. It’s okay for you to stand on your majority side and say, “Hey, look at the big picture…” but someday for a different reason you’ll be on the minority side, and then I hope you remember this conversation, because it’s not just about smoking.

  5. First of all this Law is meant to protect People in general.And WHY do Smokers THINK they have a RIGHT to put off their toxins on others?. So STAY HOME!.Fine Smoke Yourself to death if you like!.In the past You Smoked up Restaurants,Almost Killed people with Asthma,I was in the Hospital 2 months ago from a RUDE Smoker who blew his Smoke INSIDE a Store entrance Ialso got my lungs full of his stinking smoke upon entering the store,I collapsed a lung from Coughing for 5 DAYS!. THINK THIS IS FAIR?. Go cry someplace else,We’re SICK&TIRED of smelling your stinking smoke. You can’t even have car windows down on a nice day Smokers have to hold their STING Cigarettes out the WINDOW arms length then it WAFTS into OUR CAR RUDE RDE RUDE are MOST SMOKERS. For every considerate one you’ll find 10 rude asses. Your Killing Yourselves and want others to go with you. I have COPD from being an IDIOT for 28 years BUT I NEVER EVER Smoked around my Food EVER! EVER,I sat in NON SMOKING places only!. I also did not Smoke in my Bedroom,YUK Who wants to sleep in an Ashtray?I know a SMOKER:). So go WHINE someplace else,KEEP killing yourself,Staining teeth,Stinking up your house clothes,Cars,Your nice Trucks and Cars are worth about 20to30% LESS than a Non Smokers NICE CarI’m a dealer ask another dealer if this isn’t so. Non Smokers DON’T want your Stinky cars and trucks.Do yourself a FAVOR QUIT the Stinking things.It is the one thing I wish I had done 28 yrs before I got COPD from it!.

  6. Billy Ray, it’s obvious that you’ve got other issues besides disliking smokers, but you’re failing to see the big picture too. First off, it sounds like maybe you developed an allergic reaction to cigarette smoke, which as crappy as that may be, isn’t a smoker’s fault. There’s no way you got a collapsed lung from just one taste of second-hand smoke otherwise. I’m sure I won’t convince you, but you won’t convince me either. And, I’m sure you’ll find plenty of considerate smokers if you’ll put aside your overbearing prejudice. I don’t smoke in my car, I don’t smoke in restaurants, so you can’t clump us all together. That’s like saying people who don’t know how to type or use proper grammar and spelling when they post comments are all mentally retarded. While it’s easy to group them in that category, it might just not be true…

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