In the end, taking the state's smoking ban to the ballot in 2010 may not change anything, but the public will have a voice in the decision, according to owners of businesses destined to feel the effect of a fresh air edict.

"It's buying another year until the inevitable happens," said Deadwood Tobacco Company owner John Boyd. "First and most importantly, I'm opposed to any legislation that limits personal freedoms."

A veteran of anti-smoking battles in other states, particularly California, Boyd predicts the referendum will be defeated.

"I'd love to see it pass," Boyd said, "But, I can guarantee the American Heart and Lung Association will come with something more restrictive, and we certainly don't want that."

Delaying the ban for a referendum will give anti-smoking groups such as the South Dakota Tobacco-Free Kids Network, American Cancer Society, American Heart Association and American Lung Association more time to convince more South Dakotans of the dangers of secondhand smoke, according to Dr. Kevin Weiland, president of the Black Hills Medical Society.

Weiland wasn't discouraged by Monday's petition filing.

"That subject will not die July 1, 2009," Weiland said. "That's a plus for the anti-smoking groups to continue to education process. It's not just the smoky bars - it's the smoky cars, the smoky homes. This issue will continue to be on the forefront for the next year and a half."

Weiland thinks voters will overwhelmingly approve the smoking ban, even though some may vote "no" just because they don't want government making decisions for them.

"The majority of us want to a clean work environment, to breathe clean air," Weiland said. "We're all responsible for the air we breathe."

But, June LaCroix, owner of the Time Out Lounge in Rapid City, didn't have any problems finding petition signers. She filled six petitions at her East North Street bar and casino that also offers off-track betting. Nonsmokers signed the petition as willingly as smokers, she said.

"No one refused to sign," said LaCroix, who estimates 50 percent of her clientele are smokers.

South Dakota and Deadwood, in particular, stand to lose the most if the smoking pan stands, Boyd said. Not only does the tobacco industry pay huge taxes, but there's the gambling revenue to consider.

"We know there will be a 20 to 40 percent loss in gaming revenues in our state," Boyd said. "That's huge."

Deadwood is a gambling town that has been exempt from mandatory smoking bans for a long time, Boyd said. Banning smoking would kill tourism and gambling. "People who come to Deadwood come here to game."

As chairman of the Deadwood Chamber of Commerce and the owner of the Best Western Hickock House Restaurant and Casino, Pat Roberts agrees revenues will suffer if smoking is prohibited.

"It's critical," Roberts said. When smoking was banned in Colorado and Atlantic City casinos, business suffered. "Smoking, drinking and gaming go hand-in-hand."

"If it was the same on the Indian reservations, that would be a lot different," Roberts said. "They will have somewhat of an advantage."

However, if and when a smoking ban is enacted, Deadwood will cope, Roberts said.

Although he doesn't smoke, Roberts is glad that people in South Dakota will get to vote on the smoking ban.

"I hope the petition is good," Roberts said. "The people will speak when they can vote."

Doug West, owner of Philip's 73 Bar and Lounge, said his customers will be happy to know that the smoking ban is headed for the ballot.

"I think my customers would have lived with it or without it," West said. "But, smoking in a licensed liquor establishment has been customary. It belongs on the ballot."

Boyd, who testified during the legislative debate on the ban, would have preferred to see the law stand as it was written to appease the anti-smoking lobby.

"I'd rather see a legislative bill," Boyd said. "It's easier to amend that."

A realist, Boyd predicts western South Dakota's individualism won't be enough to overcome the population deficit that could sway the vote in favor of the anti-smoking lobby.

"It will be defeated by 70 percent. East River's going to kill us," Boyd concluded.

Contact Andrea Cook at 394-8423 or andrea.cook@rapidcityjournal.com.