Cities can ban public smoking

COLUMBIA --- Cities and towns have the power to ban indoor smoking in public places, the state Supreme Court ruled Monday in a decision that anti-smoking advocates predicted will spawn more rules against where people may light up in South Carolina.

The ruling upheld a ban against indoor, public smoking that the city of Greenville imposed last year. Dozens of bars and restaurants had sued, claiming their business would suffer. A judge then quashed the ban, ruling that local governments had to let the state lead the way when it comes to smoking bans.

In the justices' unanimous decision Monday, the high court said local governments can impose more stringent regulations.

"The City claims that the Ordinance is a proper exercise of municipal power because it seeks to protect citizens from second-hand smoke," Justice John Waller wrote. "We agree. ... While the State has legislated restrictions on smoking in certain areas, a civil ordinance which adds areas does not in any way conflict with State law."

The decision could affect the dozen smoking bans already approved in counties, cities and towns across the state.

On Monday, Columbia Mayor Bob Coble said City Council will discuss enacting the ban during Wednesday's meeting.

Dan Carrigan, executive director of the Smoke Free Action Network, said dozens of local governments are now free to pass their own laws. He said he believes many more will pass in the next few months.

"This is a great day for protecting everyone's right to breathe clean air in South Carolina," Mr. Carrigan said.

Greenville city manager Jim Bourey said the ban there could go back into effect as early as today. Even after enforcement of the ban was put on hold pending the high court's decision, Mr. Bourey said about 90 percent of the city's bars and restaurants had voluntarily banned smoking.

Under Greenville's ordinance, smokers could be fined $25 for lighting up in a prohibited area, and businesses could face fines of $50 per incident, Mr. Bourey said. He said the court's ruling opens the door for other communities.

"It really defines what is possible throughout the entire state," Mr. Bourey said.

Randall Hiller, an attorney for the Greenville business owners, said he disagreed with the court's decision and had not yet decided whether he would ask the justices to hold another hearing.

Gov. Mark Sanford praised the high court's ruling.

"It ought to be the prerogative of folks in their local community to decide what works for them," Sanford said. "We've been very consistent in our support for, again, this idea of home rule."

Mr. Carrigan said the court's decision reinforced the position of his group and other smoke-free advocates to oppose a statewide ban. Such a measure was put on hold by legislators last week pending the court's decision.

The groups had feared legislators would soften the bill and offer a change that expressly prohibited local governments from passing stricter smoke-free rules.