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Spearfish SD
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Attorney General Marty Jackley announced minutes ago that he and Secretary of State Chris Nelson have decided against appealing the decision of Circuit Judge Kathleen Trandahl in the smoking-ban referendum case. The American Cancer Society doesn't plan to appeal either. That clears the way for the ban to be referred to a statewide vote on the November 2010 election ballot. The ban would be an expansion of South Dakota's current law prohibiting smoking in public buildings, most businesses and most places of employment. The Legislature approved the expanded ban last winter, seeking to prohibit smoking in bars, casinos and restaurants with alcohol licenses. Those businesses can continue to allow smoking until voters decide whether to approve or reject the Legislature's action. The cancer society worked for the Legislature's passage of the expanded ban. Four businessmen from the liquor and gambling sectors then sponsored the petition drive for the referendum. Secretary of State Nelson originally decided after a 5 percent compliance check of signatures that they had gathered sufficient signatures to meet the 16,776 minimum necessary. The cancer society filed a challenge. After reviewing the cancer society's challenge, Nelson reversed his decision and said the petitioners were short. The petitioners then filed a lawsuit challenging Nelson's decision. A two-day trial last week ended in Judge Trandahl ruling that several thousand signatures were indeed valid, giving the petitioners more than enough to make the ballot. An appeal to the state Supreme Court likely would have taken months to complete and would have been costly. Judge Trandahl applied the Supreme Court's standard of "substantial compliance" in reaching her decision. In announcing their decision today to not initiate an appeal, Attorney General Jackley in a written statement said, "The Court's decision that the Secretary of State correctly applied a strict compliance standard when reviewing the validity of signatures on petitions was a factor in the state's decision."
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RAPID CITY (AP) -- The stray cat Becky Fisher found in her Rapid City yard when she returned home from the grocery store was not the typical tabby.
When she got closer, Fisher realized it was a young mountain lion sitting in a tree. Read more...
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RAPID CITY
NORTHERN HILLS
SPEARFISH -- In partnership with the Spearfish Public Schools, the Spearfish Foundation for Public Education arranged for more than 50 community members to take part in Community in the Classroom, which is celebrated nationwide during American Education Week.
Sarah Bunney, owner of Greenthread in Spearfish poses for a picture in her shop. The resale store offers juniors and young women clothing and will buy clothes for cash or store credit. The business opened in September at 541 W. Jackson Blvd. Pioneer photo by Mark Watson
PIERRE (AP) -- The uncertainty over weekly allotments of a limited supply of H1N1 vaccine has complicated efforts to organize immunization clinics and distribute it to hundreds of providers in North Dakota and South Dakota.
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UPTON, Wyo. (AP) -- U.S. Army Staff Sgt. Ryan Zorn, who died this week in a vehicle accident in Iraq, knew early in life that he wanted to join the military, and he planned to spend his career in the service, his mother said.
Donavon Dachtler, 23, of Lead enjoys a cigarette while playing a game of pool at Bob's Silver Star bar and restaurant in Lead. Pioneer photo by Amy Wright
DEADWOOD -- The American Cancer Society says it will not appeal the ruling that would ban smoking in all businesses.
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