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Judge rules in favor of petitioners in Minnehaha County

Josh Chilson
/
South Dakota Public Broadcasting

For petitioners at the Minnehaha County administrative building – it’s business as usual.

That’s because District Judge Roberto Lange halted a rule that would have significantly restricted where they can legally operate.

At the heart of the lawsuit is Minnehaha County and Dakotans for Health. The latter argues the county proposal would bar petitioners from over 99 percent of the space they’ve historically had access to.

Rick Weiland, co-founder of Dakotans for Health, celebrated Lange’s decision. He said the proposal was never practical.

“It was way beyond the pale of being egregious," Weiland said. "When they put you in a box 50 feet away from the entrance to the admin building out in the parking lot, you know you’re just not going to get the same opportunity to talk to voters.”

Weiland said considering the weight Minnehaha County carries in South Dakota, this particular building represents opportunity for everyone.

“Not only us as an organization that’s trying to put Roe V. Wade on the ballot and food tax repeal, but even county candidates who don’t have an organization or don’t have the financial resources to go out and collect," Weiland said. "That’s a standard place for candidates to collect signatures and give them an opportunity to exercise their First Amendment rights and sign it or not.”

Now, the group is ready to move forward.

“With the exception of maybe a few days between when that policy went into effect May 2 and when we were able to file our lawsuit – you know we missed a few critical days – but we’ve been back at it, and we have people down there today collecting," Weiland said.

In his decision, Judge Lange wrote the west sidewalk in front of the building is a traditional public forum considering its historic use for signature-gathering efforts.

C.J. Keene is a Rapid City-based journalist covering the legal system, education, and culture
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