A judge has ruled that a law which would ban smoking in South Dakota bars and casinos will go to a public vote in November 2010.

Circuit Judge Kathleen Trandahl made her ruling shortly after closing arguments wrapped up Friday afternoon.

The ban, which was originally slated to go into effect earlier this year, had been the subject of much controversy. Opponents of the ban gathered signatures to refer the law to a public vote. But supporters of the ban claimed there were not enough valid signatures for a referral. The Secretary of State agreed and rejected the petitions.

Both sides argued their case this week after opponents of the ban filed a lawsuit in late July.

KELOLAND's Ben Dunsmoor was in the courtroom and will have more details later today on KELOLAND News.