Former Sioux Falls City Councilor, Theresa Stehly addressed the Minnehaha County Commission during public input today (FF 1:02). Stehly points out that it doesn’t matter if you are for or against an issue, you should still support people’s right to petition.
She also wondered why the auditor and the MCC hasn’t been more helpful helping citizens petition.
As I predicted the policy banning petitioners from certain areas of the courthouse grounds was unconstitutional, and a Federal judge agrees for now;
A federal judge has temporarily blocked a policy recently approved by the Minnehaha County Commission that would have restricted where petition circulators could gather signatures near two county buildings in downtown Sioux Falls.
I also predict the commission will cave on the lawsuit and this will never make the light of day in a courtroom. Unlike the city, the county isn’t real keen on fighting lawsuits, especially ones that have the constitution on their side.
While I do know the name of the former Republican Legislator who pushed a petitioner, I am keeping that under wraps for now just in case it becomes an issue in court.
Maybe our new auditor needs to read Kristi Noem’s book, because she could use some help in her second rodeo.
UPDATE: There has been a rumor circulating that this all came about because a PETITIONER filed a protection order against a former Republican State Legislator. I’m not going to finger him until I know for sure, but it seems like his style since he is MAGA and supports abortion without protections. I guess he pushed a (pro-choice) petitioner and that is why they filed the order. But what is bizarre is that the petitioner was the one being harassed NOT the people walking by the petitioners. Maybe the county needs to have a policy that protects petitioners from MAGgots.
While I have heard from others that they were being ‘harassed’ by petitioners I personally never have. I either say yes or no and walk off. People who have the impression they are being harassed would have never signed your petition anyway.
Either way, petitioners have 1st Amendment rights to gather in public spaces, especially for petition gathering, the County Auditor thinks differently;
One will be in the Minnesota Avenue parking lot on the west side of the administration building, about 25 feet from the main entry where residents often enter to take care of automobile registration, voting and other county business.
The other will be adjacent to the county courthouse on the south sidewalk but away from the two stairways that lead to the main entryway.
I find it ironic those who claim to be on the side of Liberty, Freedom and Justice want to TRY to limit our Constitutional Rights. This is an obvious attempt at limiting petition gathering since this is one of the best places to gather signatures, and they know it.
I encourage any petitioner to ignore the rules and petition in front of the main entries and if threatened with arrest I would remind them you have a 1st Amendment Right to petition the government, especially on tax payer owned property. The County Commission and County Auditor do NOT have the constitutional authority to do this (that is why they call this a ‘policy’ and not a law or ordinance, because it is just a suggestion and they know it).
The County Commission ate it up and voted full authoritarian unanimously to limit the areas (FF: 24:00)
The short answer is YES, but it is complicated. I’m all for regulating this industry but we should probably only do some small changes instead of broad sweeping changes that will hurt the industry.
One thing to remember is that most of the people who manage and own short term rentals in Sioux Falls are local owners who use local contractors and local goods and services. In other words any capital made from these rentals is circulated back into the local economy unlike a franchised hotel.
Minnehaha county has dialed back a bit on their recommended regulations;
Regulations for these short-term rentals would include:
I think two off-street parking spots is plenty. But instead of regulating how many people can stay in a room or how many cars can park there there should be regulations when it comes to registration of the property (state, city and county). There should also be quarterly health inspections, a small registration fee and a BID tax.
The city has just been mulling the idea, but there is talk they want to remove short term rentals from residential neighborhoods. First the obvious, if these are NOT in residential neighborhoods, where would they be? This of course would be an attempt to eliminate the short term rental business in Sioux Falls to delight of the hotel industry.
Short term rentals already have to follow the same ordinances as a homeowner or a long term rental so any other regulations would be above and beyond. But since this is a hospitality industry operating in Sioux Falls there should be a BID tax applied. All the other regulations are simply mushy-mash busy work bureaucrats cooked up.
A heads up to a journalist who called me yesterday asking if I knew about THIS & THIS (he also wanted to know if I was at the meeting yelling in the background 🙂 I was not, only LOSERS do that).
I did know that there has been planning for it over the past 3 years but it was kind of a sticker shock considering they will have to bond for it (higher property taxes). While the City of Sioux Falls is throwing $10 million at a college for ‘landscaping and other stuff’ the county is borrowing money for kid jails. Maybe we could spend $60 million on an advanced tech mentorship program from DSU to public school students in Sioux Falls. Now that’s crime prevention. I’m sure Matt Paulson is all over it!
l3wis