South Dakota extends smoking ban
South Dakota voters decided overwhelmingly Nov. 2 to expand an existing smoking ban to include bars, Deadwood casinos and video lottery establishments.
The smoking ban referendum, called Referred Law 12, was approved by 64.4 percent of voters with nearly 317,200 votes cast. The vote expanded the 2002 ban on smoking in workplaces and most public areas to now include bars and casinos. South Dakota became the 29th state to enact a statewide smoking ban.
The new law broadens the state's ban on smoking to apply to all restaurants, bars, package liquor stores, Deadwood casinos and video lottery establishments. It requires owners, managers, and operators of places where smoking is prohibited to inform violators of the smoking ban. The ban does not apply to tobacco shops, hotel rooms designated as smoking rooms, and existing cigar bars.
The South Dakota campaign was of interest to many gaming and tavern operators in Montana. The Montana Legislature enacted its indoor smoking ban during the 2005 session, and the law represented compromise between business owners and anti-smoking interests. The compromise allowed taverns and casinos four years, until Oct. 1, 2009, to make the transition to smoke-free premises.
The compromise, industry leaders said, avoided what they thought would be an immediate, costly, and ultimately futile initiative fight.
The South Dakota vote would seem to confirm the wisdom of that action, as did votes in Washington, Arizona and other states. In fact, the Montana Tavern Association’s experts kept the ban at bay in Montana for four years longer than other states got.
In South Dakota, the industry's campaign group was called Citizens for Individual Freedom, and included a coalition representing bars and gambling establishments. Specifically, Deadwood gaming, the Music and Vending Association, the Licensed Beverage Dealers of South Dakota and video lottery establishments supported the referendum.
Referendum opponents argued that the smoking ban would not only impact the tax revenues but also gambling revenue. Pat Roberts, chairman of the Deadwood Chamber of Commerce, said that revenues would suffer if smoking was prohibited.
"It's critical,” Roberts said. “Smoking, drinking and gaming go hand-in-hand.”
Citizens for Individual Freedom spokesperson Don Rose said the referendum would infringe on the personal rights of property owners to run a business as they see fit.
"If it passes, what's next?” Rose asked told a newspaper in October before the election.
“More gun control, more different things like that? We have to be careful about how we allow things like this to go through.”
According to campaign finance reports, Citizens for Individual Freedom spent about $154,000 in its failed attempt to defeat the measure, while victorious supporters raised and spent about $73,000.
The industry coalition faced well-organized opponents.
The American Cancer Society supported the smoking ban expansion, saying there is an immediate need for a preservation of public health.
Dr. Karla Murphy, president-elect of the South Dakota State Medical Association, said, "This law is so important because of the people it affects – people who may appear healthy now but years later will be in their doctor's office wheezing with emphysema, struggling with smoking-related heart disease or coping with lung cancer and all because of where they worked.”
Polls leading up to the election indicated that the referendum was popular among voters.
A March poll by the Sioux Falls Argus Leader revealed that about 66 percent of polled registered voters planned to vote in favor of Referred Law 12, while 32 percent opposed the measure and 2 percent remained undecided.
An October poll by the Argus Leader showed that an estimated 62 percent of polled voters supported Referred Law 12, while 35 percent were opposed and 3 percent undecided
Editorial writers were very supportive of the measure as well.
The Daily Republic (in Mitchell) supported Referred Law 12. In an editorial, the board said, "Should Referred Law 12 be pushed into law? We say yes, for the sake of nonsmokers' health and as a strong message to everyone that smoking is a deadly habit. We've heard the arguments from the other side, and we appreciate them. ... Twenty-eight states already have passed wide-reaching smoking bans that include restaurants and bars. South Dakota voters aren't being asked to lead the way on this issue, but to simply follow along with modern, healthful thinking.”
The Rapid City Journal also urged passage of the measure.
"Businesses are subjected to numerous government regulations designed to protect the health and safety of workers and customers,” it said in an October editorial.
“Referred Law 12 is just one more. Smokers are now a small minority of the general population. They can smoke at home if they choose to jeopardize their own health. They have no right to jeopardize the health of others.”