From the Greenville News:
Greenville's attempt to ban smoking in public places will be back on the front burner when it takes its case to the state Supreme Court on Jan. 9, according to City Manager Jim Bourey.
The city's attorney will present an oral argument at 10:30 a.m. that the city should be smoke free in most public places, officials said.
The city's ordinance to ban smoking was overturned in March of 2006 by a circuit court judge. Judge John Few ruled that the ban was unenforceable, saying it violates the state Constitution by violating a "home rule" provision. He said a city cannot prohibit conduct that isn't unlawful under state laws governing the same subject.