UPDATE: The ACLU confirms that you don’t need a permit for a protest, just don’t jump in front of cars;

The ACLU of South Dakota notes says though that protesters do not need a permit to protest on sidewalks or streets. Communications Director Janna Farley said that does mean that marchers can’t block or impede traffic in doing so.

“You don’t need a permit to march on streets or on sidewalks, as long as the marchers aren’t obstructing car or pedestrian traffic.” Farley said.

I was impressed that Thum decided to have a press conference last night after the rally last night. It’s a step forward for transparency.

I had heard nothing about the rally until I ran into a couple of people yesterday afternoon telling me they were going to a pro-choice rally at Lyon Park. I never guessed that it would draw more than a couple dozen people. One person who attended told me late last night that he guessed around 1,000 folks were at the rally (he worked in public safety for over 20 years and knows how to count large crowds). That number was verified by Thum this morning on KELO AM.

The rally was organized thru private messaging and the police were aware ‘something’ might happen.

I am all for protesting and upholding 1st Amendment rights.

Where it gets ‘murky’ is what the city ordinance says about events like this;

ASSEMBLIES, PARADES AND PROCESSIONS

§ 96.180 DEFINITIONS.

   For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ASSEMBLY. Any block party, demonstration, rally, gathering or group of 25 or more persons, animals or vehicles, or a combination thereof, having a common purpose, design or goal, upon any public street, sidewalk, alley or other public place, which assembly substantially inhibits the usual flow of pedestrians or vehicular travel or which occupies any public area, but does not rise to the definition of a special event.

PARADE. Any scheduled walk, demonstration, procession, motorcade consisting of 25 or more persons, animals or vehicles, or a combination thereof, having a common purpose, design, designation or goal upon any public place, which does not comply with normal and usual traffic regulations and controls.

SPECIAL EVENT.

      (1)   Any of the following activities involving 25 or more persons, animals or vehicles, or a combination thereof, open to the general public taking place on public space that involves a temporary and exclusive use of public space involving a substantial deviation from current legal land use or legal nonconforming use and may include, but not be limited to:

         A.   Amusements or carnivals;

         B.   Entertainment;

         C.   Music by way of sound amplification;

         D.   Dancing;

         E.   Dramatic or theatrical productions;

         F.   Festivals;

         G.   Parades;

         H.   Runs, walks, triathlons and bicycle races or rides that will not comply with the normal or usual traffic regulations or controls or are likely to impede, obstruct, impair or interfere with free flow of traffic;

         I.   Any activity involving the sale of merchandise, food or alcohol;

         J.   Any activity making use of structures not already present on the public space such as stages, booths, canopies, awnings, risers, bleachers, fences, partitions, stands or similar constructions; and

         K.   Any activity taking place on public space that may require for its successful execution city services to a degree significantly over and above that routinely provided under ordinary circumstances, as determined by the special events committee.

SPECIAL EVENTS. Shall not include the use of public space by governmental agencies acting within the scope of their authority.

SPONTANEOUS EVENT. An unplanned or unannounced coming together of persons, animals or vehicles as described in this section, which was not contemplated beforehand by any participants therein and which is caused by or in response to unforeseen circumstances or events and which is neither a parade nor as assembly, as defined in this section.

(1992 Code, § 38-133) (Ord. 70-87, passed 8-31-1987; Ord. 55-03, passed 6-16-2003; Ord. 39-12, passed 6-19-2012)

Cross-reference:

   Definitions and rules of construction generally, see § 10.002

§ 96.181 PERMITS AND EXCEPTIONS.

   (a)   Permit required; assembly. No person shall conduct, manage or participate in any assembly without a valid permit or outside the provisions of a permit as provided in this subchapter.

   (b)   Permit required; special event. No person shall hold, sponsor, aid or cause to be held a special event without a valid permit or outside the provisions of a permit as provided in this subchapter.

   (c)   Exceptions. The provisions of this subchapter shall not apply to or affect funeral processions.

I am not sure that a spontaneous rally loosely organized thru private messaging classifies as a planned event. I certainly don’t believe a protest or rally needs to have a permit if they are gathering in public places. I think that is a violation of 1st Amendment rights. However, I do agree with Thum that once you start blocking streets it is no longer a rally on public property. Remember, the SFPD does not make the rules, the city council does and they have to enforce them.

I would advise anyone who plans a rally like this in the future to stay out of the street, it doesn’t help your cause when police have to drag you off the street. I think it was only a handful of people who were arrested and MOST of the people at the rally stayed on the sidewalk.

As the authoritarians go on their march in DC to turn our country back 100 years you are going to see a lot more events like this.

The Authoritarian Right Wingers really had quite the week pushing their Wacky Radical agenda onto a majority of Americans and South Dakotans that don’t support their ideas;

JACKLEY GETS NOMINATED AS THE GOP CANDIDATE FOR SD ATTORNEY GENERAL

If there ever was a time I wish Jason Rumblestrips didn’t hit and kill Joe Boever, it is NOW. The SD Dem Party must dig deep to find someone to run against this guy. Remember, this is a person who covered up Gear Up and EB-5, and probably numerous other things, and if you think he has changed, you are mistaken. He has an axe to grind, and it won’t be pretty. Ravnsborg may have been a liar, a dope and a killer, but he isn’t a Marty.

NOEM SAYS IT IS A TRAGEDY TO ABORT A BABY CONCEIVED BY RAPE OR INCEST

In one of her more bizarre incidents, Noem said on Face the Nation that victims of rape and incest should be forced to have the child conceived in violence. It was probably one of the most despicable things I have ever heard her say. When she claims to be for Freedom and Liberty then turns around and forces raped children to have a child produced by their attacker, you have to wonder what is going on in her head. Cue the circus music.

ROE VS. WADE OVERTURNED

I even tell my single male friends that this decision will have further implications in the Supreme Court. They are coming for your contraception and partner rights. A majority of Americans support safe and legal abortion clearly showing our SCOTUS is extremely out of touch with Americans.

A TRUMPLICAN GETS NOMINATED AS THE SD GOP CANDIDATE FOR SOS

It’s one thing for this Stop the Steal supporter to get nominated as SOS, but her extremist views on voter registration, religion and all things wacky to the right should scare the Hell out of us. I BEG the SD DEM Party to find a strong candidate to run against Ms. Johnson. What is even more strange is that they booted an incumbent who has done a fairly decent job. My feelings are they booted Barnett because he was trying to make voting easier in SD by supporting online registration and voting by mail. Even the Republicans in this state hate moderate Republicans.

GUN CONTROL TAKES A STEP FORWARD AND A STEP BACK

While the President did sign a bi-partisan bill for more gun control, it was watered down by the Republicans involved in the negotiations. It also did not help that SCOTUS said it was A-OK to carry a concealed weapon Federally not allowing states to regulate the 2nd Amendment. A majority of Americans support comprehensive gun control.

PRIVATE RELIGIOUS SCHOOLS CAN RECEIVE VOUCHERS

This is only the case in states that have a voucher program. I am vehemently against vouchers. I have argued that if property tax payers can receive vouchers when choosing to send their children to private schools then I should receive a voucher for choosing NOT to have children. I especially think it is reprehensible to fund religious schools with money meant to go towards public education. The SCOTUS got this one wrong on many levels, as well as their ruling on prayer in schools. SCOTUS is virtually ignoring 1st Amendment rights and Separation of Church and state.

While I was glad to see Noem’s proposal on abortion killed (because there is already oodles of SCOTUS abortion litigation heading their way) I was more entertained by Gosch’s response to her crocodile tears;

“Look it wasn’t my intention to hurt anybody’s feelings in the way that things went but sometimes that happens in legislation right. Some people get really tied to their idea and it just doesn’t go their way,” said Gosch.

Gosch says he doesn’t dislike anyone

“But ultimately we are going we’ve got a lot of work to do and we are going to need to continue to work hard to accomplish what we need to accomplish without any sideshows or personal vendettas,” said Gosch.

“The intention wasn’t for feelings to get hurt we just have a job to do and I think we did it,” said Gosch.

In his statement Gosch said it is not the governor’s job to introduce legislation, she can only recommend language. He says the power to legislate is reserved to the legislative branch.

That last part is the best part. I often tell the city council they need to be the ones forming policy, NOT the mayor’s office. But most of them lack courage or the will to stand up to Poops. And they ain’t real hardworkers.

Speaking of abortion, this latest clip from Sam B weighs in on the possibility of having a right to an abortion using religious exemption. I loved what the Catholic said; ‘Freedom of Religion also means Freedom from Religion.’ Amen.

So we have been seeing a lot of stories about abortion these days. From our governor proposing primitive and unconstitutional laws to protests from both sides of the aisle and rallies.

I guess my question is when is our local media going to pony up and just do a poll of South Dakota voters? Heck, they could even join forces and use the Poli-Sci departments at the public universities to help conduct it.

I think the results in South Dakota would be the same as the rest of the country. Most people support legal abortion as long as it is within a reasonable window of time.

I will tell you why the media won’t touch it, they like the controversy. Even though South Dakotans have voted twice to preserve prochoice in our state there seems to be this attitude in the media that we are split 50/50 on the topic. I don’t believe it for a moment.

UPDATE: Apparently he is not charging us . . . yeah, right.

While many of our news(?) outlets have reported Noem’s endless anti-choice battle and hiring kook-bag Trumper lawyer Sekulow no one has reported who is footing the bill. WE ARE!

South Dakotans have voted twice to keep abortion legal and safe in our state. A large majority of Americans support legal and safe abortions, and when there is only exceptions like rape and incest, those numbers are even higher. So I am wondering how Noem is justifying spending OUR money on this hypocritical UNCONSTITUTIONAL lawsuit and why the MSM isn’t telling South Dakotans about how she is throwing our tax dollars in a burn barrel. I suggest Noem finds private donors to fight her endless battle and I encourage the media to tell her the same.