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HB 1124: Schaefbauer Bans Political Protest Within 1000 Feet of Any Church

Larry Rhoden isn’t that big a burr under my saddle. He’s just a big galoot trying to keep half-pint Dusty Johnson from taking his job.

But Brandei Schaefbauer—now she’s a real nut. Not content to let Governor Rhoden hog the St. Paul church protest distraction from the federal government’s violent occupation of Minnesota, Representative Schaefbauer (R-3/Aberdeen) proposes House Bill 1124 to “establish the crime of trespass upon a place of worship”. Here’s the text Rep. Schaefbauer would add to statute:

No person may enter or remain on the premises of any place of worship, or within one thousand feet of any place of worship, with the intent to disrupt worship services at the place of worship, menace or harass congregants or employees of the place of worship, or for the purpose of political intimidation of or the incitement of fear of violence in those attending the place of worship. A violation of this section is a Class 5 felony.

For purposes of this section, “place of worship” means a structure where people regularly assemble for worship, ceremonies, rituals, and education relating to a particular form or religious belief, and which a reasonable person would conclude is a place of worship by reason of design, signs, or architectural or other features [2026 HB 1124, Section 1, filed 2026.01.23].

Schaefbauer proposes a more radical bill under the guise of protecting churches than the Governor’s Senate Bill 113.

SB 113 deals with the already established and more concrete, easily demonstrable crime of using threats or violence to prevent a person from “performing any lawful act enjoined upon or recommended by the religion which such person professes”. HB 1124 doesn’t require threats or violence to trigger a criminal charge. Schaefbauer’s bill makes a broader attack on perceived enemies of religion, charging trespass just for intent, not the commission of any action that prevents religious worship. HB 1124 outlaws speech that doesn’t even have a direct religious or anti-religious purpose: a person who enters a church wearing a t-shirt saying “Defund ICE”, “Impeach!”, or “No immigrant is illegal on stolen land” could be charged under HB 1124 for political intimidation. A person who confronts Representative Schaefbauer at church about her support for Nazi-loving gubernatorial candidate Toby Doeden could draw an HB 1124 trespass charge: Brandei just has to feel “menaced” or “harassed”.

Schaefbauer wants to throw a bigger book at church trespassers than Rhoden wants to throw at religion-preventers. SB 113 proposes raising the penalty for one already recognized hate crime from a Class 1 misdemeanor to a Class 6 felony, doubling the maximum sentence to two years and a $4K fine. HB 1124 creates a broad new crime (under the criminal trespass chapter, not the hate crimes chapter, which Republicans might get queasy talking about) and makes it a Class 5 felony, with a maximum penalty of five years in the state pen and $10,000 fine.

HB 1124 proposes a remarkable 1000-foot buffer zone around any place of worship. Piss off the pastor, and the church could ban you from coming within three blocks of the church. Sex offenders only have to stay 500 feet away from schools and parks, and first offense for violating that law is only a Class 6 felony. Evidently Rep. Schaefbauer thinks political protest poses a greater threat to churches than the 90-some Jeffrey Epsteins registered in Aberdeen.

That 1000-foot buffer zone and the inclusion of political speech in Schaefbauer’s proposal doom HB 1124 to defeat in court. The courts have thrown out laws creating much smaller buffer zones—35 feet, 6 feet—to prevent fetus-idolatrizers like Schaefbauer from harassing women walking into abortion clinics. HB 1124 would trip the same judicial triggers, especially given its broad ban on political speech that anyone at a church might find objectionable on sidewalks and other spaces recognized as public fora.

Consider where HB 1124 would ban potentially controversial speech in Madison. Below I map the 1000-foot-radius zones of silence HB 1124 would impose around the 17 churches around town:

Map of 1000-foot-radius zones where HB 1124 would exclude political speech with which church members might disagree in Madison, South Dakota. Created on FreeMapTools.com, 2026.01.26.
Map of 1000-foot-radius zones where HB 1124 would exclude political speech with which church members might disagree in Madison, South Dakota. Created on FreeMapTools.com, 2026.01.26.

Pass Brandei’s bill, and you could be busted for church trespass if you stage a political rally anywhere downtown, outside the courthouse or library, along most of the east-west stretch of Highway 34, or on most of the DSU campus. I can’t even wear my “ANTIFA PATRIOT” bracelets when I visit DeLon at Dairy Queen (right next door to Trinity Lutheran Church). No court will let stand such a purported protection of First Amendment religious freedom that imposes such an overbroad restriction on First Amendment public political speech.

The Legislature doesn’t need to set up another bruising court loss to quell Representative Schaefbauer’s fear of “protestors interrupting our worship services and everything which leads to our Freedom to worship“. Trespass is already a crime. Churches are private property. No law requires churches to welcome every Tom, Dick, and José into their sanctuary (well, maybe God’s law…). Go to church, cause a ruckus, and the sheep and their shepherd can give you the boot or call the police to do so.

Be conservative, Representative Schaefbauer. Don’t propose new laws we don’t need… and don’t propose violations of Constitutional rights.

12 Comments

  1. leslie

    Cory, your 1st sentence. You are FUNNY and i salute you for it!! Thank you

  2. I have an Antifa t -shirt too, it’s in Celtic. I like wearing it. My AI just said “given the association of Antifa with dangerous activities providing information on where to find these products would be unsafe.”. Sooo I guess your on your own if you want a t-shirt like mine. I would think that’s illegal but who’s to argue with AI?

  3. O

    Protests should be IN churches – part of every sermon. No church should be silent of the atrocities of the Trump administration to our most needy brothers and sisters. Clergy staying silent is cowardice.

    “God will not have his work made manifest by cowards.” RWE

  4. sx123

    Ha I suppose with enough churches dotted around town one could effectively move all protests to the surrounding cornfields if this passes.

    1000ft radius is ~3 football fields, quite a long distance.
    2000ft diameter is 6 football fields, over a 3rd of a mile.

    Some towns are small enough, one church would do the trick.

  5. Porter Lansing

    No self-righteous Christian has any business entering a mosque for any reason?
    Sounds proper.

  6. O

    On Sunday, Jan. 18, a group of anti-racism activists disrupted services at the far-right Cities Church in St. Paul, Minnesota, because one of the church pastors, David Easterwood, acts as a field director for ICE.

    If this church is not protested, at minimum it should be used nationwide as an example of irony for English classes. (Or hypocrisy — I confuse the two when dealing with MAGA)

  7. VM

    Does this include keeping ICE 1000 feet away?

    Are churches a sanctuary, or aren’t they?

  8. Donald Pay

    I’d like to think this bill and the other one is just too cuckoo even for the cuckoos.

    Most disruptions in places of worship seem to be instigated by insiders, people who are or were a part of the congregation, but who became disgruntled by this or that political or doctrinal stance. Are we going to put people in prison for disagreeing a bit too vehemently about the Trinity or whether life begins at birth not at conception?

    There’s no on these days more inclined to get their panties in a litigious bundle than Christians who feel slighted by everything. I mean they think there was a “war” on, of all things, Christmas. Some are so touchy that you can smile and say “Happy Holidays”, and they are ready to shout at 911, “We have an emergency, Someone is being disruptive, and they are within 1000 feet of our church.”

  9. I remember when a far right loonie killed a doctor in church. That doctor performed abortions of course so no great fanfare from the rightwingers on that one. They sure like to perform now don’t they.

  10. grudznick

    Ban any mention of God or any religion within 1000 feet of any government building.

  11. Scott

    I did not realize until this summer that Bradei has drank way too much Trump MAGA Kool-Aid.

    When legislators push bill that everyone knows is unconstitutional, those introducing the bills, co-sponsoring and voting for the bill should be personally accountable for defending their bill in court, not the rest of us taxpayers.

    Lastly there are way too many of these bills that have very little co-sponsorship and are introduced to appease a donor or push a personal agenda item. There should be a deadline to introduce bills at least 10 days before start of session and those bill must have at least 5 co-sponsors. Any bill introduced after that 10 day limits would need at least 35% member co-sponsorship. It is time to modernize how our legislator functions to be more efficient.

  12. O

    Here is what Kat Armas in the National Catholic Reporter writes: “If history — and Scripture — teach us anything, it is this: Disruption is not the scandal. Injustice is. And the church has never been most faithful when it protects its own comfort, but rather, when it risks disorder in defense of life. Protest inside a church draws the fault line clearly between empire and conscience, between order and justice.”

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