Officials for the American Cancer Society in South Dakota say they won't appeal a court decision that will now send a smoking ban in South Dakota bars, restaurants, casinos and other businesses to the vote of the people in 2010.

The announcement by the Society's government relations director Jennifer Stally came on the 34th annaul American Cancer Society Great American Smoke Out Day. Stalley said in a news release that the Cancer Society "will begin in earnest our statewide effort to support the smoke free law on the November 2010 ballot and ensure that no one has to choose between their health and their job in our great state."

Circut Court Judge Kathleen Trandahl ruled on Nov. 13 that opponents of the ban had collected enough signatures to put the issue on the 2010 ballot. Trandahl found that opponents of the ban had collected 2,244 more signatures than they needed to force a public vote.

Bar and casino owners collected the signatures calling for a public vote. After the American Cancer Society challenged some of the signatures, Secretary of State Chris Nelson ruled that many of the signatures were invalid.

Ban backers then appealed Nelson's ruling, sending the matter to circuit court.