Surveillance of the surveillance (This is a shot of one of Bruce’s neighbors taking pictures of his yard, but you know, the city claims only the code enforcement officer was a ‘witness’)
To those interested in the Bruce Danielson case, try to understand some of the underlying issues at play.
The City of Sioux Falls has established itself as a Home Rule Charter form of government. The Home Rule Charter form of city government was designed for small villages with a limited number of people to help make decisions. It can be a benefit in emergencies to quickly make survival decisions but many safeguards must be in place to keep authoritarians in check.
Since 2010 city election, we in Sioux Falls have seen the rise of a dictator-like form of ‘efficient’ government. Our city government does not brag about trains running on time but we do have a city government bragging about cutting corners to get things done (Take the cuts in Paratransit, for example). The civil rights of ANY individual are not to be stripped from anyone for the expediency of another, tell this to a subprime credit card salesman turned mayor, practically overnight.
Do you know what it is like to be arrested and put in jail? I certainly do. I was arrested over 7 years ago. It was normal operating procedure to arrest me for what I did. I spent about 2 hours in jail before I paid bond.
We are seeing abuses in the operation of Sioux Falls and a few of us are willing to speak up. For speaking up Bruce Danielson was arrested and put in jail for over 6 hours, not for a serious traffic violation, like myself, but for a ‘code violation’ (too much building materials in HIS fenced in and locked backyard).
The administration of Mike Huether has decided they do not need to follow the US Constitution, it’s Bill of Rights, the Laws of the United States, State of South Dakota or the Home Rule Charter of the City of Sioux Falls. We the people have no rights to question their authority or decisions.
This issue is not ‘piles’ of junk sitting around the property. This case is an example of a code enforcement system becoming an all-powerful entity onto itself, able to have citizens arrested without due process. It’s offensive and SICK.
The Sioux Falls code enforcement officers under the possible direction of superiors are to pick and choose one citizen over another. We are learning more everyday how this system works.
The Honorable Judge Joni Cutler saw through the city’s illegal activity.
Cutler showed she had the ability to listen to the witnesses, weigh the evidence and control the courtroom in order to perform the responsibilities of her office. Cutler decided the city had no right to interfere or set a ‘speed’ claim for project completion.
It is also the policy of the City of Sioux Falls to NOT work with possible offenders. As you can see in Darin McDonald’s public testimony to the city council and mayor, he tried several times to work with the city, only to find out they fined him anyway. And to add insult to injury, the city failed to comply multiple times with their own property for the same thing they were fining Darin for.
Code enforcement officer Todd Rhinehart admitted in court he never attempted to call Mr. Danielson, personally visit or return a telephone call in his process of building a case. He never supplied any information to help Bruce understand what the issues were. He also admitted to the unconstitutional, illegal service of notices and citations.
By Rhinehart’s court testimony admissions, It is the policy of the city code enforcement system to pile on without assisting or guidance to possible problems or corrections.
Mr. Danielson had proven an almost 20 year track record of working with the City of Sioux Falls. Prior to the administration abuses demonstrated in this case, Danielson never had any citable or serious violations. He always worked with the city to make sure everything was safe and presentable. I was actually witness to it once with councilman Staggers. Ron Bell from the city’s code enforcement office came out to inspect some repairs Bruce had made, and he approved the repairs and assured Bruce their would be no fines. That was probably the last time anyone from the city worked with Bruce on his home.
The reason Mr. Danielson began to seriously get involved in Sioux Falls politics was to have a voice in correcting the abuses of the personal liberty of the Huether administration. And apparently they like to bite back.
For citizens, don’t pay fines and you really don’t need permits. The city will take you to small claims. It’s a voluntary hearing. Say ‘NO’, you want your case heard in circuit court. They’ll not sue you there because you can have the case dismissed citing they do not comply with SD Civil Procedures per SD Supreme Court case #08-2478.
When they give you a citation, ask for another. It’s in city ordinances but it’s double jeopardy. The violation is excused and they can’t cite you again for the same thing.
Some day the city will return to rule of law. The present Home Rule cleptocracy must go. City attorneys must have law licenses from somewhere other than a comic book or gag gift store.
We all remember how proud Jeff Schmitt was on the memory center rezone at landscape garden center and told mmm there were so many loopholes so began the seduction of mmm to the dark side. Just
Like fiddle faddle I’m sure was used to benefit mmm and rmb to rezone 85thand western. They timed rezone hearings when time was right
As home ownership changed on an adjacent lot preventing due process. Great for mmm bad for taxpayers and now south end has more ugly apts on and on and on. Taxpayers are crap and developers with money are favored. Remember at vote time. I even voted for mmm Won’t be fooled again
shocking for Cutler to do something right
The city should really get some drones to do this task so that its employees and neighbors don’t get reported as peeping toms.
Speaking of LOSER NEIGHBORS – I see SON/SYN lost their latest court case. Filed too late – didn’t file properly – had no argument to stand on at any rate. Simple legal mistakes. Gee – I thought their leader was a “really smart” lawyerly lady???? What up?
No surprise former ALEC member Larry Long dismissed this, but there is a lot of mis-information swirling around about this case. It was pretty cut and dry, the ballot language stated that a conditional use would have to be granted, but then the city pulls a bait and switch and claims since Shape passed they don’t have to do it. IMO, that should have been in the ballot language. Oh, and as usual the news states, “Construction can move forward now.” Lots of Laughs, I guess our news organizations have not heard of appeals, and trust me, there will be appeals.
Also found it humorous that every single news source in the region had to report how WM won this case, but none of them gave a rat’s ass about a citizen beating the city in a criminal case, only the AL. KDLT did do a story, but before the decision was granted, and it took them 4 days to do a corrective story. I guess when the big guys win in court, it is news, but when the little guy kicks the shit out of the big guy, no one reports it. Gee, wonder who controls our media.