Court rules that municipalities can't enforce criminal penalties for violating smoking ban

COLUMBIA -- The South Carolina Supreme Court ruled Monday that Sullivans Island can ban smoking inside public places but can't jail people who disobey.

In the unanimous decision, the court ruled the town can't make violating the smoking ban a crime because there is no statewide ban, a decision that could have an impact on Bluffton and Beaufort County bans as well.

Hilton Head Island's smoking ban allows for a fine of up to $500. Because it does not include jail time, the ruling would not impact its ordinance.

In May 2006, Sullivans Island was the first place in South Carolina to pass a smoking ban. The original law called for a $500 fine and 30 days in jail for violators. The town has since made disobeying the ban a civil violation with a much lower fine.

The Beaufort County and Bluffton bans allow for a fine of up to $500 and up to 30 days in jail.

Bluffton town manager Bill Workman said he hadn't read the ruling as of Monday afternoon, so it was too early to determine the exact impact of the decision. Bluffton will look at its smoking ban and amend it if that's what the court decision requires, Workman said.

Beaufort County administrator Gary Kubic said the county also would look at the ruling.

"As soon as we get the entire decision from the Supreme Court, we'll compare it to the existing ordinance and make the changes," Kubic said.

Sullivans Island's new ban should meet the requirement outlined by the state Supreme Court, which had upheld the right of local governments to ban smoking in March, town officials said.

Since that ruling, seven other cities and counties have passed their own bans, joining the dozen governments that had outlawed smoking in indoor public places, according to the Smoke Free Action Network.

"I think the numbers are going to keep building," said Dan Carrigan, executive director of the group.

The lawyer who represents the Sullivans Island bar that sued to overturn the ban said the ruling ends the legal fight.

"I wouldn't call it an empty victory," attorney Paul Dominick said. "People know now they are not going to jail or face a stiff fine just because they didn't follow this ordinance."