What bothers me is that they failed in their petition drive. Why reward that failure? I have said they have a right to challenge the outcome, but until they can prove the petitions are legal (which they are not as of right now) the law should go into affect. Once again, South Dakota has proved once again – Business first, citizens second.

When SB2 was passed in 2007,great debate raged about who should determine if a petition was substantially complete. It was decided by the legislature that the decision on substantial compliance should be left with the court. Secretary Nelson cannot determine substantial compliance only a court can do so. The Attorney General cannot determine substantial compliance only a court can do so. What is it about this relatively simlple concept that you fail to grasp?

Larry Mann

Well, Larry, I’m no Secretary of State or a judge for that matter, but I do know one thing about petitions, since I was involved in a drive. They must be notarized by a registered notary, not someone who ‘once was’ a notary. It’s kind of like any legal position, you must keep up with your registrations, or you lose them. Like a driver’s license, for example. Seems pretty simple to me. And BTW, that is the ‘LAW’ not a “TECHNICALITY’. Nice try at trying to spin the truth.

8 Thoughts on “Smoking Ban opponent comments on this post

  1. The tax exempt American Cancer Society tricked the voters of Ohio into voting for a ban with exemptions, only to have them removed AFTER they were voter approved. If they got away with it once, you know they’ll do it again. “Thank you American Cancer Society, we never knew all you do” The private vets clubs of Ohio who thought they were exempt according to the ballot learned what they do. I’m sure they are remembering them with with their donations.and estate plans.


  2. You keep bringing this up, but it has nothing to do with the debate. I don’t think any public place should have smoking unless it is owner operated. If you are the only employee and you own the establishment, smoke away. But employers shouldn’t be allowed to let their customers poison their employees.

  3. Larry Mann on August 23, 2009 at 4:22 am said:

    In our lawsuit, the state will stipulate to the fact that the challenged petitions were notarized by individuals who were fully commissioned at the time of signing. Sit down, relax and wait until the 11th of September.

  4. Well, Larry, if that is true, it sounds like you have a strong case and I wish you quick justice.

    But, on a separate note, what I can’t figure out is why you are delaying the inevitable? 60-80% of SD voters support a smoking ban, and even if you get it on the ballot, you will go down in flames. Why not just rip the bandaid off now instead of later? I think if you lose you lawsuit, you would have really bit yourself in the ass because it would have been preferable for the ban to go into affect in the summer instead of the fall.

    Good Luck.

  5. Tony Palazzolo on August 23, 2009 at 3:20 pm said:

    Smoking bans usually don’t pass at the polls. As with any rule, they are exceptions. My guess is that in this state, the ban will be voted out.

    You shouldn’t believe the polls that are paid for by anti-tobacco interest. There are several polls done by neutral interest. They show that a slight majority don’t want smoking in restaurants. A majority think that smoking should be allowed in bars. Overall, very few support complete bans. Nearly all of the bans in the US have been legislated in. Groups such as the ACS don’t want a vote. It cost them more and they tend to lose them.

  6. We’ll see. I rarely talk to someone who doesn’t want the ban except bar owners.

  7. Ghost of Dude on August 24, 2009 at 6:22 am said:

    And telephone booth casino owners.

    Everybody else is happy with it.

  8. Ghost of Dude on August 24, 2009 at 6:24 am said:

    BTW, Bob, Larry, and Tony, think about this for a second. Your opponent in this vote (should it happen) is the American Cancer Society. The people fighting you are out to prevent a preventable form of cancer. Are these people you really want to fight against?

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