Mount Pleasant officials who are considering imposing a smoking ban on private businesses in their town should pay particular attention to a decision by a Greenville circuit court judge this week.

A city of Greenville smoking ban, which went into effect on Jan. 1, was declared void, a ruling contrary to one issued by a Charleston circuit judge who upheld a Sullivan's Island smoking ban several months ago. It should be noted, however, that the Charleston circuit court decision was at odds with previous attorney general opinions that we found persuasive.

Both the attorney general and now the Greenville court have concluded that the Legislature has pre-empted local governments from enacting ordinances dealing with smoking legislation.

According to our report, the Greenville circuit judge found that an amendment to the state's Clean Indoor Air Act says, in effect, that "the General Assembly intended to prohibit local government from imposing any restrictions on indoor smoking beyond the restrictions contained" in that act. The act primarily deals with government buildings and details where smoking is prohibited.

In view of the attorney general's opinion, we have long contended that smoking-ban advocates should focus their campaign on the Legislature rather than trying to get local governments to pass legally suspect local smoking bans.

Among the options that have been advocated are statewide smoking bans in buildings open to the public or local option legislation that permits local governments to pass their own anti-smoking legislation.

The latter is the approach taken through an amendment to a Senate bill that got second reading Thursday. The amendment, which would allow cities and counties to ban indoor smoking, was attached to a bill that extends the smoking ban in school buildings to teacher lounges and private offices, which were formerly exempt. While an Associated Press story said a vote next week to pass the amended bill with the local option provision will be perfunctory, Senate President Pro Tempore Glenn McConnell disagrees.

The senator notes that he and several other senators have made formal requests to be present when the bill is taken up, a signal that objections will be raised. Sen. McConnell tells us the local option amendment seemed to catch some of his colleagues by surprise, and he at least expects some debate. Both Sens. Jake Knotts of Lexington and Kevin Bryant of Anderson, who also filed objections, predict a Senate fight. Sen. Bryant told us he supports eliminating smoking in public buildings but has concerns about forcing the ban on private businesses even though he personally prohibits smoking in his pharmacy.

As it now stands, the Sullivan's Island decision is headed for the S.C. Supreme Court and the Greenville decision won't be far behind. Mount Pleasant Mayor Harry Hallman has expressed legitimate concern that his city also will be headed for expensive litigation if it proceeds with a smoking ban before the legal issues are resolved. The Legislature could, of course, make the legal tests moot if it grants local governments permission to impose those bans.

But until the Legislature or the state's high court settles this matter, it would be foolhardy for Mount Pleasant or any other local government to put another local smoking ban on the books.