Monday, March 31, 2008

UPDATED: More on Smoking Ban Ruling, Impact on Charleston

Posted by Greg Hambrick on Mon, Mar 31, 2008 at 11:30 AM

smokingban2b_resized.jpgHere's the meat of the decision:

South Carolina law provides that each municipality of this State may enact:

regulations, resolutions, and ordinances, not inconsistent with the Constitution and general law of this State, including the exercise of powers in relation to roads, streets, markets, law enforcement, health, and order in the municipality or respecting any subject which appears to it necessary and proper for the security, general welfare, and convenience of the municipality or for preserving health, peace, order, and good government in it.”

S.C. Code Ann. § 5-7-30 (2004). Under the State Constitution, “all laws concerning local government shall be liberally construed in their favor.” S.C. Const. art. VIII, § 17. “A municipal ordinance is a legislative enactment and is presumed to be constitutional.” Sunset Cay, LLC v. City of Folly Beach, 357 S.C. 414, 425, 593 S.E.2d 462, 467 (2004). Furthermore, “[a]s a general rule, ‘additional regulation to that of State law does not constitute a conflict therewith.’” Denene, 352 S.C. at 214, 574 S.E.2d at 199 (citation omitted).

The most important difference that stands out to me is the fact that Greenville's ordinance expressly states that a violation constitutes an infraction, with no more than a fine for a penalty — an important distinction in the court's eyes. The City of Charleston's ordinance refers back to the city's generic penalties of $500 or 30 days in jail.

UPDATE: The City of Charleston will be adjusting their penalties to conform to the Supreme Court ruling. As noted in our story (linked below), the city has made no citations for violations, so this isn't really a loss.

We wrote about the impending Supreme Court decision a few weeks ago, looking at what the next steps would be from either side.

With the decision likely to either reinforce the existing smoking bans or cast the entire lot into doubt, (Dan) Carrigan says Smoke-Free (South Carolina) is ready to take the fight in one of two directions. If the ban is upheld, they'll take the fight to new municipalities.

"There are a lot (of governing bodies) who are waiting right now on the Supreme Court before they proceed," he says.

Meanwhile, tobacco lobbyists will be putting the pressing legislators to take action.

(An) army of tobacco lobbyists have settled roots in the halls of the Statehouse. Tobacco giant RJ Reynolds nearly tripled the money it was spending on lobbyists in 2006 and 2007, according to a recent Hilton Head Island Packet report.

"You have to wonder what they're getting for that money," Carrigan says.

There are bills already under committee review that would reinforce local bans or obliterate them, but the traction seems to be with compromise legislation that would prohibit smoking in restaurants, but provide an exception for bars.

(Wild Wings Cafe's David) Clark says that legislation may benefit bar owners in the state, but others that shift their focus between the kitchen and the bar depending on the hour of the night, could still be forced to remain smoke free.

Topics: City Hall

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Greenville Ban Upheld

Posted by Greg Hambrick on Mon, Mar 31, 2008 at 10:02 AM

The South Carolina Supreme Court has upheld Greenville's smoking ban.

Oh, those poor legislators who'd hoped to put this off until next year, good luck. The pressure is going to be on in Columbia for statewide reforms that would protect bar owners.

Friday, March 28, 2008

Jenerette Campaign: It's Amazing Old Man Brown Can Feed Himself

Posted by Greg Hambrick on Fri, Mar 28, 2008 at 1:32 PM

We got a look this morning at the official press announcement on Katherine Jenerette's run for Congressman Henry Brown's District 1 seat and noticed a bit of a theme for this challenge to her fellow Republican:

"… announced her bid for the Republican nomination for the 1st District US Congressional Seat, currently held by 72-year old Rep. Henry Brown of Hanahan."

"… we needed ‘new-blood’ and a new aggressive conservative congressman to represent the 1st District in Congress.”

"…our district here in South Carolina has changed tremendously over the years."

“Times have changed,” Jenerette continued. “And our times call for a Congressman to represent our district who has the stamina to push for the people of South Carolina

"…what young women and men of my generation feel…"

We get the picture. Really.

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Headline Writer on a Roll Thursday Night

Posted by Greg Hambrick on Fri, Mar 28, 2008 at 8:58 AM

North Charleston tows in new rules

Charleston wants to tap into study

Somebody got their extra Red Bull last night!

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Thursday, March 27, 2008

Graham Predication Suggests Weak GOP Ticket

Posted by Greg Hambrick on Thu, Mar 27, 2008 at 3:13 PM

All the buzz in the VPWatch today is Sen. Lindsey Graham's assertion that Gov. Mark Sanford is a nice guy, but doesn't have a chance at the second-in-command nod.

Graham noted that Sanford has had a "tough" tenure as governor, and argued that adding a South Carolinian to the Republican ticket would have a meaningless electoral impact.

"To be honest with you," said Graham, "I don't see any of us in South Carolina bringing a whole lot of value to the ticket. We're talking about winning a national race that's going to be very competitive."

Considering that Sanford scorned McCain by refusing to endorse until his endorsement was worthless, we wouldn't be surprised in the least if Sanford was overlooked for the post. And Graham's comments suggest that Florida's Charlie Crist (or a woman) could take the VP spot.

But it's Graham's next comment that makes us think that he either A)Has no idea what he's talking about or B)Is predicting the least competitive ticket possible.

"When it comes time to pick a vice president, that the smart money, I think, would be trying to add to the national security, you know, reinforce that aspect of the ticket," Graham said.

Really? The Republicans need a running mate who can reinforce the "national security" aspect of the ticket? This is POW and surge-lover John McCain we're talking about. There is many a weak spot that needs reinforcing on this ticket, but national security isn't one of them.

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