Cigar Cowboy
BoY...in Hell!!!
PIERRE — Rick Law, the owner of a video lottery establishment in Sioux Falls, has filed a lawsuit challenging the state smoking ban, arguing it violates several provisions in the South Dakota Constitution.
Law’s attorneys are Mark Meierhenry and William Blewett of Sioux Falls. Meierhenry was state attorney general from 1979 through 1986 and is the husband of state Supreme Court Justice Judith Meierhenry.
The lawsuit was received in Minnehaha County Circuit Court on Friday and came to public attention Tuesday.
The Legislature in 2009 expanded South Dakota’s ban against smoking in public 2009 to cover bars, casinos and restaurants with alcohol licenses.
The legislation, which was approved by voters in a statewide referendum Nov. 2, included exemptions for cigar lounges and lodging rooms.
Those exemptions were part of an amendment offered by then-House Republican leader Bob Faehn of Watertown, who has since retired from the Legislature.
Law’s court challenge claims that businesses subject to the ban are being denied their inherent rights as guaranteed in the state constitution to use their private property for lawful business.
More specifically, the lawsuit alleges that the smoking ban violates the constitution’s prohibition against private and special laws.
The suit states that “over 99 percent of retail beverage establishments are forced to prohibit smoking in their establishments and less than one percent are allowed to permit public smoking.”
“The establishment of a class allowed to permit smoking is arbitrary and especially crafted to create an exclusive class which is immune from the smoking prohibition,” Law’s attorneys further argue in the filing.
Published February 23, 2011, 03:45 PM
Link
It would be great if we had a section of the board for News like this to keep everyone informed. Smokers rights section.
Law’s attorneys are Mark Meierhenry and William Blewett of Sioux Falls. Meierhenry was state attorney general from 1979 through 1986 and is the husband of state Supreme Court Justice Judith Meierhenry.
The lawsuit was received in Minnehaha County Circuit Court on Friday and came to public attention Tuesday.
The Legislature in 2009 expanded South Dakota’s ban against smoking in public 2009 to cover bars, casinos and restaurants with alcohol licenses.
The legislation, which was approved by voters in a statewide referendum Nov. 2, included exemptions for cigar lounges and lodging rooms.
Those exemptions were part of an amendment offered by then-House Republican leader Bob Faehn of Watertown, who has since retired from the Legislature.
Law’s court challenge claims that businesses subject to the ban are being denied their inherent rights as guaranteed in the state constitution to use their private property for lawful business.
More specifically, the lawsuit alleges that the smoking ban violates the constitution’s prohibition against private and special laws.
The suit states that “over 99 percent of retail beverage establishments are forced to prohibit smoking in their establishments and less than one percent are allowed to permit public smoking.”
“The establishment of a class allowed to permit smoking is arbitrary and especially crafted to create an exclusive class which is immune from the smoking prohibition,” Law’s attorneys further argue in the filing.
Published February 23, 2011, 03:45 PM
Link
It would be great if we had a section of the board for News like this to keep everyone informed. Smokers rights section.
