Entries Tagged 'US Constitution' ↓

Weekly Tidbits

CORY & SD VOICE WILL WIN THEIR CASE

Let’s just chalk it up to another failure in state government;

To refresh your memories, I am challenging two main points of state petition law: first, 2019 House Bill 1094, Rep. Jon Hansen’s (R-25/Dell Rapids) circulator badge and registry scheme now mostly encapsulated in SDCL 2-1-1.3–2.1.1.9, and the state’s requirement that initiative petitions be submitted a full year before the election at which you would get to vote on them.

There are so many constitutional issues with the legislation, I don’t even know where to start. If I had to make a bet on this, I would put $1K down in the first Aberdeen telephone booth video lottery casino I could find that they will win, and win huge.

I sometimes wonder if SD State Legislators take there pocket US Constitutions (if they have ever had one) and burn it before the first day of session.

MINNEHAHA COUNTY COMMISSION SAYS ONE EMT IS A-OK

I still have not figured out why they decided to go for this in the biggest county in the state;

AMBULANCE ORDINANCE HEARING
Mr. Gearman gave a briefing on the proposed amendments as follows: Article 2, Section 6 updating language to align with South Dakota law and administrative rule; Article 6 to remove the requirement of consent and a written agreement between two licensees for special events; and Article 14 updating language to align with South Dakota law and administrative rule regarding minimum personnel requirements Other minor changes were made for the purposes of consistency and formatting. Speaking in favor of the amendments, Dr. Jeff Luther, Rural Ambulance Quality Assurance Director, explained that he believes reducing the requirement from two emergency medical technicians (EMT) to one EMT would not cause a decrease in quality. Tim Haight, 3403 W 93rd Street, Sioux Falls, inquired about the proposed amendment to Article 6. Maggie Gillespie, Senior Deputy State’s Attorney, responded to Mr. Haight’s question explaining that he would need to contact his own legal counsel if he had legal questions, and that the change to Article 6 only removes the requirement to obtain consent from the existing service area ambulance service for a special event. Jay Masur, 25968 476th Ave, Sioux Falls, Med-Star Paramedic Ambulance President & CEO, spoke in opposition to lowering the number of EMTs. Dr. Luther responded to the concerns brought forward by Mr. Masur explaining that smaller ambulance services struggle to find enough people to serve. Therefore, the requirement of two EMTs made it hard to operate. Additionally, many Minnehaha County Sheriff’s Deputies are trained EMTs with impressive response times. Mr. Gearman explained that the ordinance is a minimum standard. Ambulance services may choose to set their standards at any level they want as long as the minimum is met. MOTION by Karsky, seconded by Barth, to approve Ordinance MC31-6-19, the 2019 Ground Ambulance Licensing Ordinance. By roll call vote: 5 ayes. The entire Ordinance is on file and available for inspection at the County Auditor’s Office.

I think it is a cost saving measure for the for profit ambulance services. It will be interesting to see how staffing changes.

SOUTH DAKOTA DEMOCRATIC PARTY FINALLY GETS THEIR SH*T TOGETHER

So this was pretty cool;

The state party’s Central Committee elected Randy Seiler to serve as the chair on Saturday, according to a party announcement. Seiler, the party’s vice chair, has been serving as the interim chair since Paula Hawks resigned as chair in September. SDDP Executive Director Stacey Burnette jointly resigned with Hawks.

Isn’t it crazy that stuff is not so bad with the Dem party in SD?  I kind of wonder what kind of BS has been concocted over the past couple of years. I hope in the name of transparency the party tells us what has been going on and how they are going to fix it. This could be a great moment for them rooting out the corruption. As an Indy, I have never liked the party system. It just seems like a system that needs to go away and make government on all levels non-partisan. I had a friend tell me once that he doesn’t belong to ‘clubs’ because they seem to ‘clubby’ with lots of rules and other stupid crap. It always made me laugh, because I agree.

CITY SHUTS OFF EMERGENCY SIRENS FOR THE WINTER

I just think this is weird. Why wouldn’t you want to make sure they work all year long? There are other ‘disasters’ you might want to warn citizens about in the winter besides tornados. I almost wonder if this has to do with the embarrassment of the tornado warning system failing this summer and they are trying to minimize the failure. Hey, McFly, that is over and done with, time to move on and make sure they work moving forward. Don’t people learn from their mistakes anymore?

WHO IS BEHIND THE STACE NELSON CASE

The rumor mill has been on full cycle that the SD GOP is behind going after Nelson about blocking people of FB. They have been wanting to get Stace for his big mouth for years, and I think they want to bury him with this Federal case. I think it is funny how the SD GOP is concerned about the 1st Amendment when they want to hurt someone, but the rest of the time they are the most secretive party of all time. And corrupt. If you want to apply these rules to Nelson, which I think that is a good thing, you also have to follow them to. So if you want to make sure politicians are not blocking people on FB, maybe in the next session you should pass sweeping open meeting transparency laws . . . wait, maybe that is why Stace in trouble, he told us about the warts of the GOP.

James Freeman having a hay day with the SFPD

James was back in town a few days ago and showed how the SFPD continues to violate their own policies on recording them. I love it when citizens get involved to try to help the police knowing NOTHING about their own constitutional rights.

I also like his evaluation of the Mark Burgess situation;

Can the city council legally eliminate public input?

The Sioux Falls city council is set to debate public input again on Tuesday night (Item #35). While I support the changes (5 minutes on 2nd reading) you know my real opinion on the matter, unlimited on 2nd readings if it is quasi judicial and affecting property rights.

According to Roberts Rules the council does have the right to limit public input, they are even able to tell us when we can have it, and for how long. The chair also has the right to limit during the meeting. This is all according to Roberts Rules of course.

But could there be a Constitutional right (1st Amendment) that says total elimination of public input at a meeting on any reading is legal? While city’s like to hide behind Robert’s Rules and city charters they really are sworn to uphold the US Constitution. I also am unimpressed when city attorneys ‘TRY’ to be constitutional scholars and dance around an excuse. I haven’t seen it yet from Kooistra the current CA but Fiddle-Faddle did it all the time. I’m waiting for Kooistra’s ‘Grand Moment’.

It’s always fascinating to me to listen to local governments debate ‘public input’. I often find it an incredible waste of time and resources. Just let people talk. OPEN GOVERNMENT UP! Sunshine is a good thing!

If you don’t want to listen to your constituents, please resign.

South Dakota State Legislature needs to take some classes on the US Constitution, 1st Amendment and political satire

When I first saw this toon, I thought it was about Gene Abdallah’s fascination with urine.

Remember what the State Legislature told us last year? They had to repeal IM 22 because one circuit judge who is a partisan hack for the Republican Party said he felt parts of it were unconstitutional.

So what do our constitutional geniuses decide to do? They want to ban anyone from altering the state seal.

Libby Skarin, policy director for the American Civil Liberties Union of South Dakota, said the legislation is in conflict with the First Amendment, which protects freedom of expression.

“It’s not a road that’s constitutional and it’s not a road we want to go down,” Skarin said.

Peterson said she wasn’t aiming to address Mehling’s image with her bill, but advised those using the seal without express permission to reconsider.

“Anybody that is using it in a way that is not consistent with the Constitution and state law should take a look at it and not do it anymore,” Peterson said

While Peterson is concerned about how some shirt was made (maybe call the prison and have them fix it) it’s no reason to make a law that is clearly a violation of the 1st Amendment.

Over the past 12 years that I have been blogging, you can’t imagine the crap I have heard about my political cartoons. First off, you can’t make a law that stops people from altering the state seal and secondly this proposed legislation just proves, once again, how F%#@ing Stupid our (mostly Republican) state legislature is. We should pass a law that requires our legislators have a higher IQ then monkeys.

I guess the Constitutionality of searching landlords leaky toilets stands

Grumpy Councilor blames it on the ‘Fake’ City Charter

Seems councilor Erpenbach had a change of heart, and decided that searching un-registered rental properties and charging them for it, probably doesn’t pass the smell test, OR the Constitution test. Seems the DRAFT ordinance has a couple of changes (DOC: rental-register). It seems the ‘Search and Destroy’ portion of the DRAFT ordinance has disappeared.

Rental Registry Ordinance (4/18/2017)

The ghost of Q-Tip is still haunting us at Sioux Falls City Council. Let’s see how many years has it been since he quit the Council to join the Boom Town mayor’s administration so he could quit there to now lead the Pavilion? Does it matter? Not really but here is the old proposal to allow the town’s code enforcers to abuse citizens and property owner’s Constitutional rights preventing unlawful searches. You know unlawful seizures get to follow, just because they can.

Have you heard our esteemed code enforcers are back searching property when no one is home just because they can sneak in? They got caught by Cameraman Bruce illegally standing on a 6′ ladder taking pictures over a 6′ privacy fence one day. The judge was none too happy by this crap. These fine upstanding quasi-legal (or are they quasi-illegal) government employees don’t care when they get slapped down in court by a judge as long as they have the city attorney’s blessing to keep do that thing they do. Oh well, just another day at the office.

Listen to the public and several Council members sink this current proposal just by asking very legitimate questions. If a property owner signs up on this list so it is easier to contact the owner, why do the enforcers ignore the information they seem to have in their own files and require owners keep up to date?

Who is the list actually compiled for and why?

Why bother being legal when we have great apologists ready to change laws to justify the bad behavior. The proposed ordinance was set aside for now in the City Council Land Use committee on April 18, 2017 because it was both illegal and stupid. It was nice Michelle Erpenbach and committee Chair Rick Kiley set aside and allowed the public to speak, another precedent knocked down.

Is Sioux Falls City Councilor Erpenbach proposing a possible unconstitutional ordinance?

Here we go again, the lack of Constitutional knowledge of our city legislators. The latest proposal to the city charter could be a possible violation of the 5th, 10th and 14 amendment of the US Constitution;

In order to get property owners who rent to register with the city, they are threatening inspections to those who do not comply to registration at the Land Use Committee.

Searches and seizures of private property IS legal, with a warrant and suspicion of criminal activity. This must be issued by a JUDGE, and the search conducted by law enforcement.

In other words, if you see a property that has these kind of things going on, CALL 911! Not the health department or code enforcement.

While I don’t have an issue with ASKING renters to register with the city, if they DON’T, that is no reason to treat them like criminals, as long as they are paying the appropriate taxes on revenue from the rentals.

So ridiculous! This is like Civics 101 for 1st Graders.

Interesting time for an appeal of this ordinance

It doesn’t take a constitutional scholar to realize the ordinance the city is attempting to repeal is a clear violation of 1st amendment rights. Doesn’t matter what city board you may sit on, nobody can hamper your free speech rights which include giving money to a candidate. While ethically questionable in some cases, completely legal.

So why has the city decided to now repeal this unconstitutional ordinance after a recent election (Item #B)? Makes you wonder how many appointed officers violated the ordinance in the past or even in this past election? Hey good for them, they were well within their rights. It’s the timing that smells fishy.

1stamdndmen

In the EC lawsuit, city claims the Argus is misusing ‘Grammar and Punctuation’

Oh, this is a good read (DOC); 299786924-City-of-Sioux-Falls-Defendent-Reply-Brief

Which seems like a cock fight between attorneys, the hearing on Monday outta be entertaining;

Second Circuit Court Judge John Pekas is scheduled to hear the case at 1:30 p.m. Monday in the Minnehaha County Courthouse.

No matter where you stand on the law or legal language of these statutes, it all seems irrelevant to me. Any document or settlement produced using tax payer money should be made public. It’s not like we are protecting the integrity of a man who shot himself with a 5-foot branch and a rifle in a grove of rural trees, this is about siding that was poorly installed on a building. Who are we protecting?

I also find it even more ironic we are spending MORE tax dollars on private attorneys to keep something a secret. Screw who won the spelling bee here, that should be a red flag enough to tell us something truly needs to be hidden.

Mayor’s Neighborhood Brickwalls Summit, 11/14/2015

Our intrepid mayor of Sioux Falls seems to think the US Constitution, Charter and written laws are brick walls to overcome. Listen to him discuss his quest to make over the city into his image at the Neighborhood Summit on November 14, 2015. His “to hell with the laws, Council and citizens” must be overcome if we are to have a clean and safe city for all.

The brick walls he is upset with are based on rights guaranteed by our U.S. Constitution, South Dakota Constitution and the Sioux Falls Home Rule Charter. Why does no one challenge hizzoner when he defends his administration’s lawbreaking actions?

In this Summit part 1 Mayor Mike let’s us in on his lawless vision of government by and for the specials at the expense of the rest of us.

Since the city of Sioux Falls heavily edits or blocks meetings videos we now offering a direct link to our collected city videos through www.siouxfall.org.

So we ask “Neighbors are only good if they conform to his vision?”