Oh, wait: I guess we can apply laws before they go into effect.
SDPB reports that judge has revoked all of the permits the City of Sioux Falls issued to Wholestone Farms for the rush butcher shop it hoped to open this month to wedge the door open for its planned wiener factory before a possible vote to ban new slaughterhouses in November:
Judge Sandra Hoglund Hanson, a circuit judge for Minnehaha and Lincoln counties, revoked all of Wholestone Farms’ permits issued by the City of Sioux Falls and ordered the city not to take any more action before the November election, according to a press release from Smart Growth Sioux Falls, a group opposing the facility.
The order comes after Wholestone moved to potentially circumvent the proposed slaughterhouse ban by building a butcher shop in the location prior to the November election. The city issued an occupancy permit to the company on Oct. 7 [Jordan Rusche, “Judge Halts Permits for Sioux Falls Slaughterhouse Until After Election,” SDPB, 2022.10.11].
Could someone get me a copy of the judge’s ruling? I love democracy and ballot initiatives as much as anyone else, but I’m still not clear how an impending public vote on a possible change in city ordinance can stop the city from carrying out city ordinance as it exists right now. If a council member proposes banning bicycles on city streets, the city cops can’t stop me from riding my bicycle on city streets until the city has voted on and enacted that proposal. Citizens are proposing a moratorium on new slaughterhouses in Sioux Falls, but building a new butcher shop on properly zoned land in Sioux Falls is perfectly legal right now. Under what authority can the court stop a business from exercising its current rights and stop the city from carrying out its current obligations under the law as it is written?
If the people of Sioux Falls want to ban new slaughterhouses, they can express that will on November 8. But until they express that will, the law stands as written, and the law allows new butcher shops in Sioux Falls.