SC Supreme Court: Breaking smoking ban not a crime

[The Straight Story]

SC Supreme Court: Breaking smoking ban not a crime

COLUMBIA, S.C. (AP) -- The South Carolina Supreme Court has overturned the penalties for violating the smoking ban on Sullivans Island, but the justices still agree the bans are legal .

In the unanimous decision Monday, the justices decided while the town could ban smoking in workplaces, it couldn't make violations a crime because smoking in the workplace isn't against state law.

The original law called for a $500 fine and 30 days in jail for violators.

Sullivans Island officials say they have since changed their law to match more than a dozen other local governments across the state who make the violation a civil penalty with a much lower fine.

http://www.wach.com/news/news_story.aspx?id=187244

[liberal N proud]

1. WTF - Breaking the law is not a crime?

:wtf:

[slackmaster]

2. Sounds like state law preempts local ordinances

Breaking an unconstitutional or otherwise illegal law is not a crime. The fact that a "law" is on the books does not necessarily make it valid.

[The Straight Story]

4. civil vs criminal penalties (like speeding, et al) (nt)

[Swede]

3. It's almost as if they grow tobbaco as a cash crop in S.C.