A circuit judge has ruled the American Cancer Society can take part in a lawsuit that will determine whether a smoking ban approved by the South Dakota Legislature will be referred to a public vote.  Circuit Judge Kathleen Trandahl said the society can intervene because other parties will not adequately represent its interests. 

Opponents to the smoking ban filed petitions to refer the law to a public vote next year, but the secretary of state decided they did not have enough valid signatures. Opponents then filed the lawsuit asking the judge to place the measure on the ballot. 

A trial in the lawsuit is set to start November 12. The American Cancer Society will argue that the smoking ban cannot be referred because it is needed for the immediate preservation of public health.