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South Dakota's Expanded Smoking Ban Stands After Circuit Court Ruling

Publication Date: 2016-09-16
  • Author:Patrick Lagreid

It remains illegal to smoke in South Dakota restaurants, bars, casinos, video lottery establishments and package liquor stores, as a second circuit court judge ruled against a business owner who claimed the ban hurt his revenues.

The ban, which was enacted by the state legislature in 2009 and confirmed by voters in 2010, prohibits smoking in the locations mentioned above, though allows for smoking in tobacco shops, hotel rooms designated as smoking rooms, and existing cigar bars.

In 2011, a lawsuit was filed by Rick Law and Intrepid Ventures Operations, LLC, World Wide Holdings, Inc. and Interactive Holdings, Inc., the owner of a video lottery establishment in Sioux Falls. Law claimed that the ban violated several provisions of the state’s constitution, including that businesses affected by the ban can no longer use private property for a lawful business...

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