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S.C. Indoor Smoking Ban Stalls Pending Court Ruling
March 28, 2008

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News Summary

A bill that would ban most indoor smoking in South Carolina has been shunted to a House subcommittee until the state Supreme Court issues a decision on whether local cities and towns can enforce their own smoking bans, the Associated Press reported March 25.

Circuit judges have issued opposing decisions on the legality of local bans.

Rep. Murrell Smith, chairman of the subcommittee of the House Judiciary Committee , said he won't allow any further action on the bill until the high court makes it ruling.

Tobacco prevention advocates praised the move, saying that passing smoke-free legislation before the court ruling would be confusing and spark a legal challenge. They also worry that lawmakers might try to insert language banning local communities from passing tougher bans than the state's. "Legislators over the past year have shown an almost contempt for local government and real intention to deny them the right to protect their citizens from secondhand smoke," said Dan Carrigan, executive director of the Smoke Free Action Network.

Bill sponsor Rep. Todd Rutherford, however, chided antismoking groups for backing the delay. "If you're in favor of letting people continue to die from exposure, then fine, put it off," he said.

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