Lincoln County Commission and Sioux Falls City Council Joint Jurisdiction agreement on MED MJ zoning lacks legal logic

Yesterday at the joint meeting, Lincoln County Commissioner Joel Arends tried to get out of planning staff (both city and county) where they came up with the 1,000 foot setback. Once they rolled out the Mariachi band and did an extensive dance, they still couldn’t give a reason. That’s because it was directly pulled from their behinds. Seeing they were not going to win that argument, the city attorney Paul Bengford decided to move the goal posts and say this was about meeting a deadline and newspapers and NOT the setback. It was quite the turd polishing, and exhibited just how inept our local government officials and appointed staff is.

I think they truly believe the public is that naïve.

But the best part was when Councilor Neitzert said it was ‘absurd’ to allow citizens to vote for the legalization of drugs (marijuana). Waiting for our elected officials to legalize it is even more absurd, because they would never act. I joked to someone before the vote in November that even if the Feds decriminalized MJ today and allowed states to regulate it would take South Dakota a decade to put in the regulations if you waited for the elected officials to act.

The only way anything beneficial to the citizens happens in this state is through direct democracy. Waiting for our representatives to help us is the true measure of absurdity and their war on the initiative and referendum process. Keep poking the bear, because that just emboldens us.



4 comments ↓

#1 The Guy From Guernsey on 08.25.21 at 11:03 pm

ah yes, government bureaucrats (City of Sioux Falls Planning employees and the City Attorney) running things right up against a deadline which requires that policy be adopted exactly as the bureaucrats have dictated,
“Why?”
“Well, ‘cuz you don’t have time to amend that which we have given you.”
Arends fighting the good fight for the people of Lincoln County on this and other issues.
There will be opponents to offer replacement of a couple of the other Lincoln County commissiiners in 2022.

#2 rufusx on 08.26.21 at 11:57 am

Needs to get on the ballot.

Consent of the Governed Act:

“Any initiated act or Constitutional Amendment passed by a direct vote of the people, shall not be nullified or altered or amended in any way by any means other to a direct vote of the people.”

#3 Very Stable Genius on 08.26.21 at 1:11 pm

From personal experience, I’ve learned that when dealing with the city, they will often tell you how it will happen even if there is a supposed public option, or give and take, which is suppose to take place. But how you deal with that, is to show them your peaceful, civil, legal, but nuclear option, which then causes them to take a step back, and then you can win as I did with my once battle with Zoning. A peaceful, civil, legal, actually factual, form of potential mutually assured destruction can go a long way in getting your just way… Oh, I once did this with a snow alert parking ticket once too, which is a story for another day. 😉 #MAD

#4 D@ily Spin on 08.27.21 at 11:45 am

City leaders impose their beliefs regardless of citizen sentiment, vote, or law. Are we under control of Taliban? I don’t look good in Black Sheets. Strong Mayor Charter has made inside city limits an enemy of democracy. Worse, they have complete control. Which developer is Allah?