What is it with this city and their ignorance of the constitution and state law? This of course comes as no surprise;

Caldwell found that the city cannot legally write tickets for red-light running as it does now, treating the offense as a civil matter instead of a criminal matter.

This has been my main argument all along. Running red lights should be ILLEGAL but as Caldwell points out, it is a criminal matter. Why? Because some people get killed when they run red lights. If I had a loved one ran over by a red light runner, what would I prefer? They go to jail or that you wreck their credit?

Caldwell also ruled that the administrative appeals process is unconstitutional – a decision that mirrors one she made in a lawsuit over code violations brought against the city by Dan Daily.

Due Process. Due Process. Due Process. What part of that doesn’t the city freaking understand? Fascist regimes have been taken out of commission over history for a reason, while it may be good to be king it doesn’t work out so well for the subjects.

That process violates a citizen’s due process rights, Caldwell ruled. She did not, however, order the city to stop issuing red-light tickets or to dismantle the administrative appeals system.

Huh? So you are saying what the city is doing is unconstitutional but you did not advise them to dismantle the system? Nice. Caldwell is also part of the problem.

The city and Redflex were handed victories, as well. The city did not err by forbidding right turns at the intersection, did not place the lights improperly and Caldwell ruled that there is a legitimate public safety interest in operating the cameras.

There is legitimate public safety interests all over this city. Are we gonna put a camera in every intersection? We cannot trample the constitutional rights of all people because a few don’t know how to apply a brake pedal in their car.

As of today, the red-light cameras are still functional,” Barthel said.

Ignorance is bliss.

And that ignorance continues with this silly story by Stormland TV News on the issue;

In a written ruling a Sioux Falls judge dismissed most of the lawsuit,

WTF are you talking about? Violating state law and the constitution is a pretty major thing. When is Stormland TV going to remove their heads from their asses and stop being the propaganda wing for City Hall. Report the frickin’ news as it is – without the spin.

19 Thoughts on “Welcome to Sioux ‘Unconstitutional’ Falls

  1. jg_38 on June 17, 2010 at 5:56 am said:

    maybe they could start by putting stop signs at all the intersections? or at least by all the schools. when I lived by Horrace Mann, they had at least 3 uncontrolled intersections!

  2. Hamerhead on June 17, 2010 at 6:13 am said:

    Even though I agree with the concept of the camera whether for red lights or speed control, it just shows how inept the legal staff has been at the city.

  3. Ghost of Dude on June 17, 2010 at 7:29 am said:

    Caldwell ruled that there is a legitimate public safety interest in operating the cameras.

    Yup. These cameras are there only for the $ake of $afety.

  4. Plaintiff Guy on June 17, 2010 at 8:08 am said:

    “Fascist regimes have been taken out of commission over history for a reason”

    Well said. Home Rule Charter has become a tyrannical dictatorship.

    Let me add:
    ‘Mr. Heuther, tear down this wall.’

    Rather than the city, at major expense over 5 years, fighting but losing Home Rule; Heuther should repeal it. Return to constitutional democracy our forefathers wisely created and represented. Forefathers we are proud of that represent the state on Mt. Rushmore and our license plates.

    I know you’ll disagree but Judge Caldwell has ruled properly. Her court is where law is applied but not changed. I don’t like it but it’s how the system works best. Home Rule must be revoked in state court. Cameras and citations should become classes. It’s happening and there’s a surprise by July 1st. It’s going to be tough for Heuther at 4th of July events.

    Just another one term mayor.

  5. Plaintiff Guy on June 17, 2010 at 8:15 am said:

    Wrap yourself in the flag, cite from the constitution, and you’re sure to be reelected. This is your short trip to the governor’s office.

  6. cop1 on June 17, 2010 at 9:47 am said:

    I think its time I pipe in about PG getting on the code enforcement officer. For one, I know him personally and PG needs to know the facts.
    1. He was a military veteran (US Navy) and served a year in Beirut.
    2. He left the HP to get hired with the city.
    3. He never worked or lived in Vermillion
    4. He is the messenger when it comes to Code Violations. They originate to a specific department and he handles it from there. There was a complaint filed with the Zoning office about the concrete and he was sent there from them. Accusing him of things that are outlandish just shows how shallow you are. That is fine you spent 40K of your money to fight the system if thats how you like to spend money. Get your facts straight before you all slander someone you know nothing of. Thanks

  7. l3wis on June 17, 2010 at 10:41 am said:

    cop1-

    Apparently you didn’t read his court brief. It was clear harrassment. I am puzzled why the guy still works for the city.

  8. Again lewis. He was the MESSENGER, things roll downhill from ABOVE HIM you know that. He should have tried to change the ordinance instead or asked first before hand. The court brief was about the appeals process, not the actual violation. And to threaten to shoot a city employee on his property? (which he has said in an earlier blog) is crazy. If you are a friend of his, maybe get him the psychiatric help he needs.

  9. Plaintiff Guy on June 17, 2010 at 3:03 pm said:

    He threatened me in a hearing where he wasn’t a witness. He did it in front of the hearing examiner at the front of the old council chamber at city hall. It’s in the court transcipt. If (I don’t believe it) he was in Beirut, he was on a ship in air conditioned comfort.

    He sits outside my home in his personal vehicle and drives by pointing a weapon at me. It’s on a security camera DVD. He was terminated from the Highway Patrol and fired from Vermillion. It’s available from an internet PI service.

    If you want to testify at his employee hearing, it’ll be hard. You are he, it’s rather obvious. Sue me for slander/defamation. You’re a liar and coward who has tormented some 5,000 citizens (mostly seniors).

  10. Plaintiff Guy on June 17, 2010 at 3:37 pm said:

    If you were with the HP, you had training for proper service and due process. Why did you not serve citations in person or via certified mail? Why did you you serve the same citations over and over (double jeopardy)?

    Don’t give me this MESSENGER shit. You’re the ‘night club bouncer’ for Munson fascism. The city attorney’s office was cleaned out and you’ll be the first in your department to go. I can’t get a hearing via City Personnel so I’ll ask for it at a city council meeting. Don’t worry, city employees get hearings aside from city civil procedures. You’re guarranteed constitutional democracy, citizens are not.

  11. cop1 on June 17, 2010 at 3:45 pm said:

    I am a retired police officer who lives in central south dakota and know him from law enforcement functions. You are not stable PG, I am sure the people at the city know that.

  12. Plaintiff Guy on June 17, 2010 at 3:50 pm said:

    cop1 is just another city employee blogging at work because they have absolutely nothing else to do. Just make sure to not give Barney his bullet.

  13. I’m suddenly hungry for popcorn again.

  14. Plaintiff Guy on June 17, 2010 at 4:35 pm said:

    Me too. There’s a good movie on cable. It’s about the BTK killer. He was a deranged code enforcer in Wichita who killed 8.

  15. Cop – The whole ‘he was just following orders’ bullshit excuse. Well, Brad works for us, the taxpayers, not his bosses. Like PG said, why did he keep fining Daily, over and over again? That is clearly harrassment. I would be a little ‘unstable’ too if I had the city constantly bugging me about something they didn’t have to legal right to remove.

  16. Costner on June 17, 2010 at 8:56 pm said:

    I’ve yet to understand why the DVD of him driving by the house pointing a handgun at your home hasn’t yet been provided to local news media and this guy arrested for making terroristic threats or aggravated assault or whatever other charge comes along with brandishing a weapon and pointing it at someone.

  17. l3wis on June 17, 2010 at 9:00 pm said:

    I will have to agree with Costner on this one, and I understand you have a lawsuit going and all, but you should release that, I would post his ass.

  18. Ghost of Dude on June 18, 2010 at 7:28 am said:

    Again lewis. He was the MESSENGER, things roll downhill from ABOVE HIM

    “I vas just followink orders!”

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