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Judge Extends Restraining Order Allowing Petitions in Front of Lawrence County Courthouse/Annex for Two More Weeks

Federal Judge Roberto Lange has given Dakotans for Health and other practitioners of democracy two more weeks to circulate petitions freely in front of the Lawrence County courthouse and administrative building. At the request of both plaintiffs and defendants, Judge Lange today extended through July 20 his temporary order restraining Lawrence County from enforcing its seemingly unconstitutional restrictions on petition circulators.

As readers of this blog know, Dakotans for Health is suing Lawrence County over its policy restricting petition circulators from speaking with voters and collecting petition signatures anywhere on the grounds of the county campus in Deadwood other than the outdoor plaza between the courthouse and the administrative annex. Dakotans for Health just won a lawsuit against Minnehaha County over a similar restrictions on core political speech around the Minnehaha County government campus in downtown Sioux Falls. Dakotans for Health hopes to permanently overturn Lawrence County’s attempt to isolate petitioners so circulators can meet Lawrence County voters where they are most easily found and give those voters a better chance to hear about the D4H initiative petitions to codify Roe v. Wade and repeal South Dakota’s sales tax on food. Dakotans for Health has until May 7, 2024, to collect signatures on these petitions and submit them to the Secretary of State for approval for the November 5, 2024, general election ballot.

The plaintiffs are represented by Rapid City lawyer Jim Leach, who successfully argued the Minnehaha case before Judge Lange in May. Rapid City lawyer Rebecca Mann filed her notice of appearance yesterday to represent Lawrence County. The parties appear to agree that they can make use of a couple extra weeks to either prepare their arguments or work out some resolution that would bring Lawrence County back in line with the First Amendment without judicial intervention.

6 Comments

  1. grudznick

    I would have thunk the SCOTUS decision would have had your focus, Mr. H.
    No doubt the fellows with pen-in-hand attempting measures initiated are nearly as important in a college town like Spearfish.

  2. South Dakota is a failed state where LawCo floods determine outcomes.

  3. Donald Pay

    You know, I wish these county folks would come to their senses and work with the petitioners to come up with a policy that protects First Amendment rights but allows for non-blockage of the doors. If there needs to be a behavior policy for petitioners and blockers, that’s fine, too. I’m not sure why government officials violated their oaths of office over such an American right as freedom of speech and the right to petition for redress of grievances.

  4. grudznick

    SCOTUS doing a Right Right Uppercut Rhoden Gut Punch to the libbie underbelly this week.

  5. e platypus onion

    How can citizens be trespassed from public places? That is a definite violation of first amendment rights, it would seem to be patently obvious.

  6. P. Aitch

    grudznichts trying to start an argument is worthy of taking five of his scrawny, hairless goats. Sorry, buddy. Argue with your friends over at PeePee’s.

Comments are closed.