1st Amendment

Limiting Public Input – Tonight’s SF City Council meeting

Make no mistake, Item #29 on the city council agenda tonight will be contentious and there will be public input, I suspect quite a bit. I won’t speculate how city councilors will vote on the issue, and many of them are still saying they are undecided (ahem).

I will say this, after being CENSORSED by then council chair, Erpenbach and mayor Huether during the snowgate vote debate and discussion at the council meeting, I will put a word of warning to the council and mayor; city ordinance is clear when it comes to public input, 5 minutes, per person, per agenda item. You MUST allow BOTH sides of the Walmart zoning issue to speak tonight and express their feelings, opinions and arguements. This is much too important of an issue to limit (CENSOR) to 20 minutes. The testimony tonight MUST be on the public record, this is much more important then swaying councilors’ votes (most of them have probably already made up their minds) this is more about educating the public about both sides of the issue.

Even if the council approves the zoning tonight, the most important thing we should take from tonight’s meeting is freedom of speech, 1st Amendment rights and the public’s right to input. I hope and even pray that the council and mayor have learned something from the snowgate censorship fest.

People are watching. Follow your own laws and allow public testimony to last until each and every person has had the chance to speak their peace. This is a democracy, and the democratic process, not a Kangaroo court.

EMAIL from SON;

Tonight at Carnegie Hall the Sioux Falls City Council will be voting on the request to rezone just under 40 acres of farm-land from AG to C-4 commercial.  We need to pack the room this evening and have a large showing of support for our position.  We have folks ready to speak on our behalf concerning various topics and we remain hopeful that the city council will rule in favor of protecting the rights of its citizens over the economic desires of the world’s largest big-box retailer.  Please pass this message along to anyone you know who supports our efforts.  We hope to see you there and thank you for all you are doing, have done, and will continue to do to make Sioux Falls such a great city to call home.   Remember, common sense is on our side!

Censorship, Public Input & the SF City Council

After several months of holding it in, I finally let Council Chair Erpenbach and the rest of the council know how I felt about public input and censorship at the council working session yesterday.

I told them that 1st Amendment rights organizations like the National Coalition Against Censorship defend council rules when it comes to public input WITHIN THE LAW. I reminded them what city ordinance was, ‘5 Minutes Per Person’ and by not following that ordinance they are in a sense violating city charter and breaking the law. I recommended that in the future it would be unwise to violate this ordinance again because next time there ‘would be consequences.’ I also reminded them that they take a oath of office to uphold the US Constitution, the State Constitution and the City Charter. They are bound by that oath to NOT violate city ordinances. I also told them that they are well within their rights to limit discussion ONCE the discussion has started if someone is being disruptive or even repetative.

I told Michelle she was not being totally truthful when she said Munson limited discussion. While I agreed that he did, he only did it AFTER the discussion had started and if people were being insulting or disruptive. I said,

“He never ONCE sent out an email 24 hours in advance to the council about limiting a discussion that hadn’t even started.”

Michelle mumbled something about MMM giving her latitude on how to run the meetings. I didn’t want to get into a long rant with her about how the MAYOR is the administer of the meetings and it is actually his duty to decide where the public discussion is going-NOT HERS. They seem to be pointing the finger back and forth on this, and it is getting tiresome.

Councilor Dean Karsky asked, “Shouldn’t the council have a set policy on public input?” DEAN! YOU ALREADY DO! It is set in city charter, 5 MINUTES PER PERSON! Follow the ordinance. That is all we are asking of you.

There was some good things that came from the discussion though. There will no longer be a sign up sheet to speak to the council (I never signed that stupid thing anyway). And councilor Jamison suggested that they don’t split the PROs and CONs into two separate groups. He said just let people come up and speak when it is their turn in line.

I hope I was clear enough with the council and especially with Erpenbach. Limiting public discussion will NOT be tolerated in the future.

SF City Council continues ‘discussion’ on public input

Council chair Erpenbach just doesn’t seem to get it. She continues to want to discuss changing public input at the working sessions. Another round on the topic is planned for 4 PM today.

2. Public Input Discussion

Here’s the deal, if you have a problem the 5 minute rule, go before the charter revision commission and ask them to change it, otherwise there is NOTHING to discuss. It is time to DROP it, and follow city ordinance.

Limiting Petitioners?

If you believe in any cause, like the right to vote, the right to speak publicly about the government, Democrat, Republican, Libertarian, Pro-Choice, Pro-Life, Equality, Marijuana legalization, ANYTHING it doesn’t really matter — if you believe the FIRST AMENDMENT is the foundation to our democracy then listen up! 

The Minnehaha County Commission is meeting today to discuss the presence of petition gatherers outside the doorway at the County Admin building & Courthouse. Today’s meeting is just for discussion at 1pm, but a formal policy to restrict or ban petitioning could be voted on at the Commission’s weekly meeting tomorrow morning, 9AM in the Commission chambers (courthouse), and that meeting will be open to public input.

The County admin building is frequented by thousands of citizens on a weekly basis, to renew drivers’ licenses, car registration, voter registration, pay fines, file civil claims, and many, many more functions of the government that citizens are entitled. The County Admin building and courthouse are by far the best place to gather petition signatures from registered voters.

The First Amendment guarantees the right to all American citizens to petition the government for redress of grievances. This right is under serious attack at the national and state level, and now today, at our local County level. If we cannot petition the government in a taxpayer-funded town square to refer policies/legislation or propose our own ideas that affect everyone in the community, then our rights to petition the government and peacefully assemble are seriously infringed upon. Our founding fathers decided these rights were so important they put them in the First Amendment of the Constitution along with freedom of speech and religion, and there’s no excuse why these rights should be “restricted” or banned in a public place.

When I collected petition signatures for the South Dakota Coalition for Compassion in 2010, I got about 1-200 signatures each day outside the courthouse. This grassroots effort was successful after 6 months of collecting 33,000 signatures from around the state, and the vast majority of those signatures came from outside the County Admin building in Sioux Falls. The County Admin building in Rapid City was the second most productive location! With out these locations for collecting signatures I seriously doubt there is any real ability to collect enough signatures for statewide initiatives – SD is a rural and spread-out state without a lot of high foot traffic areas, we’re a driving community. I explored every idea, went to so many events, door-to-door, and tried the DMV, the library, the post office and any imaginable public place – and no other place was/is as productive (or appropriate) as the County Admin building. Mind you, it’s also very convenient for citizens to register to vote at the County building to be eligible to sign petitions.

IF YOU CAN HELP SAVE THE VALUABLE RIGHT TO PETITION IN OUR COMMUNITY – PLEASE COME TO THE COUNTY ADMIN BUILDING (WEST DOORS FACING SZECHWANZ) FROM 9:30AM – 12:30PM AND SIGN MY IMPROMPTU PETITION! This petition is a simple statement:

******* I support the right of citizens to gather petition signatures on the County Admin and Courthouse property! *******

My goal is to collect 100 signatures before today’s meeting, and 200 signatures before tomorrows meeting. The impromptu petition has no formal effect but will send a clear message to the County Commissioners.

Here’s a flashback to my 19-year-old self getting started in activism, by collecting petition signatures to put medical marijuana on the ballot! Enjoy!

http://www.keloland.com/newsdetail.cfm/gathering-signatures-for-vote-on-marijuana/?id=86902

Sincerely,


Emmett Reistroffer

Mayor Subprime requests a meeting w/ private citizen over parodies of him

You would think Mike would be used to the hassling by now, but it is all about controlling the message I guess. He has told me several times he doesn’t believe in censorship. Well Mike, what would you call dragging a private citizen into a meeting with you after he posted parody photos of you on his Facebook page? Grow a thicker skin.

JT Nelson talks about his meeting on Facebook;

JT Nelson I’m not going to say much… but let’s just say he didn’t offer me a job, NOR does he find this funny. [walking away with tail between legs].

• So much for being Grand Poo-Ba of the St. Patty’s Day parade. Did he take away your birthday?

JT Nelson Pretty much. I think I’m grounded.

• You’ve stained the family name. I’m thinking JT Jelinkovic will be your new name.

• Hope you charged him for your time.

JT Nelson I thinking about the last name “Timberlake”…. JTT. I like the sound of that. Maybe I’ll run for mayor.

• Well to put it this way in my opinion, he needs to realize he is a public figure and his actions on national tv reflect our community. In other words, when your a public official, don’t be dancing around pointing at people like a teenager on crack. Too bad I can’t find a video of it online.

• I am kind of surprised he didn’t find the humor in it. It was all in fun, and he is probably embarassed because he realized how ridiculous he looked. I noticed it while watching the game too. I hope he wasn’t too tough on you. You are not banished from SF for life, I hope!

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