The City of Sioux Falls does NOT have the right to limit protesters

Many people have been wondering why you would need to get a permit to protest in Sioux Falls. You do not.

Is it a good idea to meet with the SFPD and give them an idea of what you will be protesting and how many people may show up? Sure it is. It’s a nice gesture but not required.

Remember, the US Constitution and your 1st Amendment right to organize and peacefully protest and assemble trumps any state constitution or city charter. While the city can have such an ordinance, it really wouldn’t stand up in Federal court if challenged.

I may be wrong about this, but I think the ordinance came about to break up the kids hanging out downtown while cruising the loop. It has nothing to do with protesting or your 1st Amendment rights.

I encourage anyone protesting in the future to reach out to the SFPD, but don’t get a permit. Besides the enormous powerful message the BLM movement is sending, our right as citizens to peacefully protest is protected already, with a permit or not, and that message needs to also be sent in these troubling times.

SIOUX FALLS 4TH OF JULY PARADE CANCELLED

Mayor TenHaken announced on FB on Friday that the parade has been cancelled this year and the Falls Park feeding.

While I understand serving food to 5,000 people in Falls Park is not a good way to social distance, I think having a parade outside (where people can distance) would be just fine. In fact in my bike rides downtown over the past couple of weeks, DTSF has been packed with people. The bars and restaurants are at capacity and most people are not social distancing. I really don’t understand why the city is so hesitant to open city buildings, pools and libraries when every other place is full capacity (which they gave permission to do in ordinance). Oh that’s right, it goes back to the hypocrisy thing.



2 comments ↓

#1 "Very Stable Genius" on 06.14.20 at 9:58 am

“I may be wrong about this, but I think the ordinance came about to break up the kids hanging out downtown while cruising the loop. It has nothing to do with protesting or your 1st Amendment rights.”

The Loopers still exist. They now hang out at the Western Mall parking lot at night in front of Best Buy and the FNBSF branch, especially on Friday and Saturday nights.

A bunch of young people in a mall parking lot at night might be scary to some, but the Western Mall doesn’t have convenient rocks, so don’t worry.

Plus, many of these Loopers drive 4 wheel trucks with big tires, American flags, and Trump stickers on their bumpers. But maybe that’s reason to worry and why they are “permitted” to exist.

( and Woodstock adds: “Maybe if we shake down these white Loopers we could get to the bottom of the whole Fleet Farm thing, huh?”…. )

#2 D@ily Spin on 06.14.20 at 10:17 am

Many city ordinances are unconstitutional. I’d like to see protests without permits. Arrests could lead to ACLU intervention. From my experience, the city does not allow appeals into court. If a constitutional case can reach SD Supreme Court there’s enough case history to revoke the charter and supervise new city government. It’s time to restore democracy and audit but not defund.