A 321 notice is a public record and is used to make a party aware that they may be sued. According to the notice, the victim is accusing that the Sheriff’s Department and Police Department of wrongfully pursuing a vehicle and causing an accident (Entire Document)

Since this may be pending litigation, I am not sure what exactly happened BUT I have seen police cars in Sioux Falls speeding thru traffic without sirens or lights on and wondered why.

I would like to start by applauding the folks (whoever they are) that organized last week’s successful abortion protest. They did it without a permit and thru private messaging. And while a handful of people got arrested, it is quite an accomplishment to pull off a protest of 1,100 people with NO injuries and NO damage to public or private property.

That is a what you call a successful protest.

We have already determined that the group did not need a permit. They were well within their constitutional rights. But what about the street incident?

I have spoken with several protesters about what really took place and why those folks were in the street to begin with. A couple of them have had experience in public safety for over 20 years and several others have been protesting since the early 70’s. They know how civil disobedience can be achieved successfully without anyone or anything getting hurt.

For the most part they said police officers were doing a good job controlling the crowd even without advance notice. The police decided they needed to move the large crowd to Lyon’s Park which required them to close 14th street. THE POLICE CLOSED THE STREET NOT THE PROTESTERS. Up until that point the crowd was moving.

Where things went awry is when the police in riot gear showed up and started forcing people to the park. One protester told me that there really was no reason to have riot gear and smoke bombs, it was just an attempt to intimidate and incite a riot.

So the next time a group of peaceful protesters show up unannounced, leave the tactical gear at the station and politely ask them to move to the other side of the street.

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.

Image: KEVN FOX TV

I have noticed that the SFPD has put their bike cops out on the trail several days a week. I was surprised to see that Rapid City has had E-Bikes since 2019;

The bikes give officers an edge in patrols along the city’s bike paths and park system during the warmer months. With the electric pedal assist, officers will be able to more-rapidly respond to emergencies, especially along the city’s elevated hiking and biking trails.

I think if the officers got E2 Moped Bikes with detachable/interchangeable backup batteries they could cover more ground and it would be way more affordable, efficient and safer than riding Harleys on the bike trails. You can also deck them out with lights, sirens, I-Pads, multiple baskets, saddle bags and just about anything that fits on a motorcycle.

I encourage the city council to request four bikes be added to the SFPD budget for 2023.

Last night at the city council meeting a citizen noticed the normal security guards were NOT at the meeting and replaced with some off duty SFPD detectives. She asked Chief Thum about it and he said that they all quit the same day (Aprox 10). She also did some asking around today and it seems to be a disagreement about salaries. I guess this also includes the mayor’s security at City Hall. Who is going to protect his mini-fridge now?!