The smoking ban ruling was exactly what businesses who count on smoker clientele were hoping for. They believe they'll have enough support at the polls to stop the ban from going into effect.

The judge's ruling in pierre, took the smoking ban out of the courts and into the hands of voters.

"Let's vote on it and see what happens and it's going to wind up being whatever the voters decide. Very simple," said  voter Dale Wilber

Bar and restaurant owners who oppose a statewide ban aren't asking for anything more.

"Essentially what we wanted to do is let the people decide," said Andy Rose of Shenanigan's Pub.

Rose says he and his customers are glad the decision to snuff out cigarettes isn't tied up in court anymore.

"They're kind of relieved that it will be hopefully settled by next november 2010," said Rose.

As for what will happen when voters finally do decide,

"I don't have a prediction but I think it will be a huge voter turnout and I think it will be good for the state," said Rose.