In the last stretch of this Legislative session, we had before us the two major threats of a Statewide smoking ban AND the threat of a fairly steep increase in taxes on tobacco products. These threats are very real and will not return again next year without your effort.

Smoking Ban Threat

Here is the situation as of April 2008: The State Supreme Court has ruled that state law does not pre-empt local laws from passing their own smoking bans. Their justification, other than the usual Health trumps Freedom argument, is that the state law in question is placed in a section that deals with minors and tobacco, not smoking laws.... here is the state law in question:

16-17-504A: “...Any laws, ordinances, or rules enacted pertaining to tobacco products may not supersede state law or regulation. Nothing herein shall affect the right of any person having ownership or otherwise controlling private property to allow or prohibit the use of tobacco products on such property.”

That second line, how exactly does that pertain to minors and only minors?

Anyway, that is the State Supreme Courts stupidity for the year. They should have waited one more day before issuing the ruling - April Fool’s day would have been more appropriate. Barring another lawsuit challenge that actually highlights the fraud of the health claim, the Tin dictators of South Carolina towns and counties are now free to sign away people’s freedoms. Whatever help I can give I will, but it is up to you, locality by locality, to stop them as best as you can.

Anyway, the South Carolina State Legislature did not take action on a smoking ban from last year (probably S-186, with some odd number of amendments), because of the Supreme Court’s ruling and, ironically, the lobbying effort of the Antis! (because that state-wide ban, as projected to pass, would have been softer than many local bans - and it would have pre-empted them).

Vigilance, people! Hound your elected reps to death and find out where your reps and their challengers, for the upcoming primary and general election, stand on the issue and vote accordingly.

Cigarette Tax Increase

In May 2008, the Senate has approved a 50 cent increase on cigarette taxes to be used for healthcare and anti-smoking efforts. The House allowed this to go to the Governor, who vetoed it. There but for the grace of some conservative principles (and hedged bets by some legislators), the House failed to override the Veto - the tax is DEAD for this year.

This Year - the collection of false conservatives that let this threat happen are still there and will be there next year, unless you take action....

An Election Year

We also have an opportunity this year, as the Entire State Senate and House are up for re-election this year - and this allow the opportunity to unseat some of the bastards in office that quietly but diligently work to take our freedoms.

On the main South Carolina page you will find details on all those who are guilty of smoking ban and tax increase support. You will also find a summary of key house and senate races and where people stand on our freedoms. Use this information to choose the best candidates in state primaries and vote the nanny-state assholes out of office.