November 2016

Does a private business have a 1st Amendment right to paint a mural on their property?

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Mural image; Argus Leader Media

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As a commenter pointed out, the irony of code enforcement cracking down on a private business for painting a mural, but allowing students to paint on publicly owned property their religious beliefs and being protected by a ‘disclaimer’ is a bit hypocritical. Could the business owner put a ‘disclaimer’ on the mural to exempt themselves from city code? Besides, the US Constitution is the highest law of the land, it trumps city charter.

Food for thought.

Eastern South Dakota Democrats have meeting today to lick their wounds

I was in attendance today, and stayed for the entire 2 1/2 hour meeting, but not before Cameraman Bruce and I were asked to leave, in which we did not after being defended by Michael Saba and Frank Kloucek for helping out some of the campaigns. It still didn’t sit well with the executive office, because at one point while I was taking notes, the communications manager told me that the meeting was ‘off of the record’ and I told him I would not blog about what was discussed in the meeting.

But I do think I can comment on some stuff. After the crying and wound licking got done, I do think it was a productive meeting, and I do think they learned some important things from it, but they must implement.

I will be honest with you, I WANT to help the Democratic party be relative again in SD. A system of one party rule in this state is eating us up from within like a cancer. I heard it in the voices of those who spoke today.

Bruce and I offered advice, and I hope they were listening. There are strategic things the party can do to come out fighting again, and a lot of it can be done with very little capital but a whole heckuva a lot of elbow grease and team work (another thing they need to work on).

I will share one thing I said at the meeting in reference to a certain strategy they were discussing, “The Republicans are kicking your ass on . . . “

Gawd only knows if they were listening.

Did Mayor Huether really drop the ‘H’ word?

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House! House! House!

Rumor has it that Mike recently dropped the ‘H’ word (House) when asked if he was running for governor. I guess he almost jumped out of his chair to point out he was interested in the seat. Now that he has maxed out our city’s credit card, I wonder when he will announce he is running for Congress or if all we will hear is ‘Aflac’!

Did Stormland TV over step their bounds?

Like the mysterious truck driving past the grassy knoll in Platte, Stormland TV had to get the scoop. But were they out of line? And who tipped them off?

B-N-B (Bad Neighbor Belfrage) and ‘Too Late’ Todd are on it;

I joined Greg at the end of the program where we discussed what we know, which is far outstripped by what we don’t know. Like:

  • Who tipped off KELOLand TV? It had to be someone in the courts or law enforcement.
  • Who has an interest in tipping off KELOLand TV to embarrass Nesiba
  • And why did KELOLand TV act in such a reckless manner, potentially endangering Nesiba, the public, law enforcement and the TV station’s own crew?

Greg is calling for an investigation. I agree.

And one last point: Suspicion of the media isn’t just an East Coast or West Coast thing. It’s happening right across the street.

Stormland TV has pulled this crap in the past, to make it look like they are getting the big story, sometimes as it turns out, nothing, or next to nothing is really happening. This is why I try to stay away from criminal cases, unless government officials are involved in corruption or fraud. Remember the Gant/Powers debacle where the media wouldn’t touch the story for months, even after the chiding of a state senator. A he said, she said case between adults is a private matter for the courts. Jorgi and Stormland TV really need to concentrate on real stories from now on.

Is it time Sioux Falls changes the definition of business murals?

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Sometimes murals are obvious adverts, but sometimes they can be subtle and quite artistic;

“The purpose of the sign code is so people can advertise their business without overdoing it,” Jeff Schmitt of City planning and zoning said.

In other words, Jeff Schmitt with City Planning and Zoning says a business can have a sign, or it can have a mural, but it can’t have a mural as a sign.

“So is it a mural or is it a sign? Art is art, but a sign is what they put in the mural,” Schmitt said.

While I understand the city’s argument on this, I think it is okay for a mural to be an advertisement for a business as long as it doesn’t use words or lettering and artistic in nature, such as this mural is.

Gaddis, who admits she didn’t check City code, spent a lot of money having the mural painted. Now she’s being told it’ll have to be painted over or she’ll face multiple fines until she complies.

Yeah, Big Daddy doesn’t like it when you don’t ask for permission. I think it is time to get more lax on the mural laws.