The state has decided not to appeal a judge's decision that allows South Dakota's new smoking ban law to be referred to a public vote in the 2010 election.
The decision was announced Friday by Attorney General Marty Jackley and Secretary of State Chris Nelson.
The law would ban smoking in bars and casinos. Circuit Court Judge Kathleen Trandahl ruled last week that opponents had collected enough signatures to force a public vote.
Bar and casino owners had collected signatures to refer it to a vote, but the matter went to court after Secretary of State Nelson ruled that enough petition signatures were invalid to keep it off the ballot.