State by State Pending and recently passed #AntiProtestLaws: #SouthDakota

SB 151: New penalties for #protests near #pipelines and other infrastructure

Heightens potential penalties for protests near oil and gas pipelines and other infrastructure. Under the law, knowingly trespassing on property containing a critical infrastructure facility is a misdemeanor punishable by a year in prison and a $2,000 fine. Knowingly tampering with any property and as a direct result interfering, inhibiting, or impeding the maintenance or construction of a critical infrastructure facility is a felony punishable by two years in prison and/or a $4,000 fine. A person or organization found to be a "conspirator" in any of the above offenses faces a range of criminal fines. Any owner, lessee, or operator of any critical infrastructure facility where a crime is committed under one of the above provisions is designated a "victim" under South Dakota law, which entitles them to restitution and other victims' rights. As such, a company that owns a critical infrastructure facility can seek restitution from an individual protester convicted of any of the above provisions, as well as from any person or entity found to be a "conspirator."

Full text of bill:
https://sdlegislature.gov/Session/Bill/12001

Status: enacted

Introduced 4 Feb 2020; Approved by Senate 27 February 2020; Approved by House 9 March 2020; Signed by Governor March 18 2020

Issue(s): #ProtestSupporters or Funders, Infrastructure, Trespass

HB 1117: New criminal and civil liability for "incitement to riot"

Revises the state's laws on rioting and replaces a "riot-boosting" law that was passed in 2019 but later blocked by a federal court as unconstitutional. The law revises the definition of "riot" under South Dakota law to be "any intentional use of force or violence by three or more persons, acting together and without authority of law, to cause any injury to any person or any damage to property." Under the law, "incitement to riot" is a new felony offense, punishable by up to 5 years in prison and $10,000 in fines, and defined as conduct that "urges" three or more people to use force or violence to cause personal injury or property damage, if the force or violence is "imminent" and the urging is likely to "incite or produce" the force or violence. The law defines "urging" to include "instigating, inciting, or directing," but excludes "oral or written advocacy of ideas or expression of belief that does not urge" imminent force or violence. Under the law, individuals may additionally be civilly liable for riot and incitement to riot, enabling lawsuits against protesters by the state, counties, or municipalities. Both 2019's "riot-boosting" law and HB 1117 appear to target protests against construction of the #KeystoneXL and other pipelines.

Full text of bill:
https://sdlegislature.gov/Session/Bills/43

Status: enacted

Introduced 29 Jan 2020; Approved by House 18 February 2020; Approved by Senate 5 March 2020; Signed by Governor Noem 23 March 2020

Issue(s): Civil Liability, Protest Supporters or Funders, Riot

SB 189: Expanded civil liability for protesters and protest funders

**Note: According to an October 24, 2019 settlement agreement that resulted from a constitutional challenge to SB189, the state will not enforce many of the provisions of the law that could be applied to peaceful protesters and organizations that support them.** SB189 created new civil liability for "riot boosters." South Dakota criminal law defines "riot" broadly such that it can cover some forms of peaceful protest; as originally enacted, SB189 created civil liability for a person or organization that "does not personally participate in any riot but directs, advises, encourages, or solicits other persons participating in the riot to acts of force or violence." It was unclear what might have constituted "advice" or "encouragement" to carry out an act of force, such that an individual who shouted encouragement on the sidelines of a disruptive protest, or organizations that provided advice about conducting a peaceful but disruptive protest, might have been implicated. Following the October 24, 2019 settlement, the state will not enforce this provision. Nonetheless, enforceable provisions of the law still establish civil liability for any person or organization that is advised or encouraged by another, and that "makes any threat to use force or violence, if accompanied by immediate power of execution" in a group of three or more persons. The state or a third party may sue the person or organization for extensive civil damages, including punitive damages. Further, enforceable provisions of the law provide that a person or organization is liable for "riot boosting" if they engage in it personally "or through any employee, agent, or subsidiary." Accordingly, individuals, organizations, and funders may still be held civilly liable for substantial amounts of money for any involvement in a disruptive protest. Damages recovered by the state shall, according to the law, be deposited in a "riot boosting recovery fund," which may be used to pay for the state's response to disruptive protests. The law was introduced in response to pipeline protests in other states and ahead of construction of the Keystone XL pipeline in South Dakota.

Full text of bill:
https://sdlegislature.gov/Session/Bill/10176

Status: enacted

Introduced 4 Mar 2019; Approved by Senate 7 March 2019; Approved by House 7 March 2019; Signed by Governor Noem 27 March 2019

Issue(s): #CivilLiability, #ProtestSupporters or Funders, Infrastructure, Riot

SB 176: Expanding governor's power to restrict certain protests

Expands the governor's authority to curtail protest activities on public lands and restricts protests that interfere with highway traffic. The law enables the governor and sheriff to prohibit gatherings of 20 or more people on public land, if the gathering might damage the land or interfere with the renter's use of the land. The law enables South Dakota's Department of Transportation to prohibit or otherwise restrict an individual or vehicle from stopping, standing, parking, or being present on any highway if it interferes with traffic. The law also expands the crime of trespass, providing that an individual who defies a posted order not to enter a zone where assembling has been prohibited would be guilty of criminal trespass. Obstructing traffic or committing criminal trespass are classified as Class 1 misdemeanors, punishable by one year in jail or a $2,000 fine, or both. The law was proposed by Governor Daugaard to address potential pipeline protests.

Full text of bill:
https://mylrc.sdlegislature.gov/api/Documents/284178.pdf

Status: enacted

Introduced 3 Mar 2017; Signed by Governor Daugaard 14 March 2017

Issue(s): #TrafficInterference, #Trespass

#FirstAmendment #CriminalizingDissent
#Authoritarianism #Fascism #Clampdown #CriminalizingProtest
#CharacteristicsOfFascism #USPol #AntiProtestLaws #PipelineProtests #SLAPPs #NoKXL #WaterDefenders

@LeatherCubAndrew Revenge because #NativeAmerican folks in #SouthDakota banned her from their lands last year...

South Dakota Gov. #KristiNoem is now banned from all tribal lands in her home state

By Daniel Strauss, CNN
Published 4:43 PM EDT, Wed May 22, 2024

https://www.cnn.com/2024/05/22/politics/kristi-noem-tribal-lands-ban/index.html

#Cat Death Losses Due to Highly Pathogenic Avian Influenza in #SouthDakota

Updated January 13, 2025

"#Veterinarians and laboratory diagnosticians are fielding reports of death losses in cat populations linked to avian influenza infections.

"Beginning in 2022, an #H5N1 subtype of highly pathogenic avian influenza (abbreviated as HPAI) virus caused death losses in domestic turkeys and chickens in South Dakota and elsewhere in the United States, an outbreak that continues. The HPAI virus causes respiratory and multiple organ failure in affected birds, typically appearing as increased numbers of dead birds in large commercial operations, as well as smaller backyard flocks. Deaths in wild birds, typically migrating waterfowl but also other bird species, have been observed at the same time, as well as spillover of the virus into mammals, such as raccoons, foxes, skunks, and other species.

"In Spring 2024, the HPAI virus began infecting #DairyCows, causing drops in milk production and other signs of illness. Unlike infections in other species, widespread death losses have not been associated with HPAI infections in dairy cows.

"About the same time as its emergence in dairy cows, the HPAI virus was implicated in deaths of domestic cats in the vicinity of affected farms. Most affected cats showed #neurologic signs, such as #tremors or #seizures, for a short period of time before dying.

"Since that time, three cases of substantial death losses in groups of outdoor domestic cats in South Dakota have been described. In each of these cases, there has been no apparent link to dairy cows, other livestock, or domestic poultry."

Read more:
https://extension.sdstate.edu/cat-death-losses-due-highly-pathogenic-avian-influenza-south-dakota
#HPAINews #HPAI #AvianInfluenza #BirdFlu #USHealth #CDCCensorship

Ghost Town Okaton South Dakota in BW

Four guys from the Twin Cities of Minneapolis and St Paul, went to the South Dakota badlands for an early spring adventure. On our way out to the Bad Lands of South Dakota, Barry convinced us to stop off at Okaton, SD which is a ghost town.

https://fineartamerica.com/featured/ghost-town-okaton-sd-in-bw-wayne-moran.html

#GhostTown #SouthDakota #Okaton #sd #bw #blackwhite #midwest #Badlands #Landscape #Photography #Travel

#AYearForArt #buyintoArt #fineart #art

#Indigenous ppl in #SouthDakota, #NorthDakota & #Montana are 1/4 of the prison population, despite being less than 1/10 of statewide populations. Nationally, Native youth are incarcerated at a higher rate than Hispanic, Asian, and white people combined. 🧵

https://grist.org/indigenous/prison-funding-states-stolen-indigenous-land-trust/

A #SouthDakota tribe banned Gov. #KristiNoem from a reservation over her #USMexicoBorder remarks

By TRISHA AHMED
February 3, 2024

"A South Dakota tribe has banned Republican Gov. Kristi Noem from the #PineRidgeReservation after she spoke this week about wanting to send #RazorWire and security personnel to #Texas to help deter immigration at the U.S.-Mexico border and also said cartels are infiltrating the state’s reservations.

“'Due to the safety of the #Oyate, effective immediately, you are hereby Banished from the homelands of the #OglalaSioux Tribe!” Tribe President #FrankStarComesOut said in a Friday statement addressed to Noem. “Oyate” is a word for people or nation.

"#StarComesOut accused Noem of trying to use the border issue to help get former U.S. President Donald Trump re-elected and boost her chances of becoming his running mate.

"Many of those arriving at the U.S.-Mexico border are #IndigenousPeople from places like #ElSalvador, #Guatemala and #Mexico who come 'in search of jobs and a better life,' the tribal leader added.

"'They don’t need to be put in cages, separated from their children like during the Trump Administration, or be cut up by razor wire furnished by, of all places, South Dakota,' he said.

"Star Comes Out also addressed #Noem’s remarks in the speech to lawmakers Wednesday in which she said a gang calling itself the Ghost Dancers is murdering people on the Pine Ridge Reservation and is affiliated with border-crossing cartels that use South Dakota reservations to spread drugs throughout the Midwest.

"Star Comes Out said he took deep offense at her reference, saying the #GhostDance is one of the Oglala Sioux’s “most sacred ceremonies,' 'was used with blatant disrespect and is insulting to our Oyate.'"

Read more:

https://apnews.com/article/oglala-sioux-reservation-governor-ban-south-dakota-9f811bbd1ffaadf979e4353ad6e961ad

#IndigenousNews #SiouxNation #Oglala

#Indigenous
#TribalSovereignty
#pronouns
#gender
#SouthDakota
#Racism
#homophobia
#LGBT
#KristiNoem https://apnews.com/article/pronouns-tribal-affiliation-south-dakota-66efb8c6a3c57a6a02da0bf4ed575a5f

This seems like an act of revenge on the part of #KristiNoem because some of the tribes in South Dakota have banned her from their lands. Personally, I think the faculty members have a good case for violation of #FreeSpeech...

#Pronouns and #TribalAffiliations are now forbidden in #SouthDakota public university employee emails

"The policy is billed by the board as a simple branding and communications policy. It came only months after Republican Gov. Kristi Noem sent a letter to the regents that railed against '#liberal ideologies' on college campuses and called for the board to ban #DragShows on campus and 'remove all references to preferred pronouns in school materials,' among other things."

By MARGERY A. BECK
Updated 5:40 PM EDT, May 24, 2024

"A new South Dakota policy to stop the use of gender pronouns by public university faculty and staff in official correspondence is also keeping #NativeAmerican employees from listing their tribal affiliations in a state with a long and violent history of conflict with tribes.

"Two University of South Dakota faculty members, Megan Red Shirt-Shaw and her husband, John Little, have long included their gender pronouns and tribal affiliations in their work email signature blocks. But both received written warnings from the university in March that doing so violated a policy adopted in December by the South Dakota Board of Regents.

"'I was told that I had 5 days to remove my tribal affiliation and pronouns,' Little said in an email to The Associated Press. 'I believe the exact wording was that I had ‘5 days to correct the behavior.’ If my tribal affiliation and pronouns were not removed after the 5 days, then administrators would meet and make a decision whether I would be suspended (with or without pay) and/or immediately terminated.'"

Read more:

Today in Labor History June 17, 1876: U.S. army soldiers attacked an encampment of Lakota and Cheyenne in Rosebud, South Dakota. Led by Crazy Horse, the native warriors routed the Americans. The Cheyenne called it the Battle Where the Girl Saved Her Brother because the fight involved Buffalo Calf Road Woman, who courageously road out into the middle of the battle, grabbed her brother, and carried him to safety. The area had been promised to the tribes through treaties, signed after they had won previous battles. However, when gold was discovered in the Black Hills, the U.S. government wanted the land. Buffalo Calf Road Woman also fought at Little Bighorn, alongside her husband, Black Coyote. She was the one who struck the blow that knocked Custer off his horse, resulting in his death.

#workingclass #LaborHistory #nativeamerican #indigenous #lakota #cheyenne #southdakota #crazyhorse #BuffaloCalfRoadWoman #littlebighorn #treaty