February 10, 2020

Governor Noem Makes Second Attempt to Criminalize Peaceful Protest in South Dakota

FOR IMMEDIATE RELEASE: Feb 10, 2020 MEDIA CONTACT: Janna Farley, jfarley@aclu.org or 605-366-7732 Gov. Kristi Noem’s second attempt at a “riot boosting” law is an unnecessary effort to legislate peaceful protest in South Dakota. The ACLU of South Dakota opposes House Bill 1117, legislation that repeals and revises certain provisions regarding riot, establishes the crime of incitement… Continued

FOR IMMEDIATE RELEASE: Feb 10, 2020

MEDIA CONTACT: Janna Farley, jfarley@aclu.org or 605-366-7732

Gov. Kristi Noem’s second attempt at a “riot boosting” law is an unnecessary effort to legislate peaceful protest in South Dakota.

The ACLU of South Dakota opposes House Bill 1117, legislation that repeals and revises certain provisions regarding riot, establishes the crime of incitement to riot and revises provisions regarding civil liability for riot and riot boosting. The bill is scheduled for a hearing in the House State Affairs Committee on Wednesday, February 12.

It’s irrefutable that this bill, like the 2019 “Riot Boosting Act” it replaces, was sparked by a desire to suppress protests around the Keystone XL pipeline. But the right to join with fellow citizens in protest or peaceful assembly is critical to a functioning democracy and at the core of the First Amendment. The South Dakota Legislature does not need to pass laws that would intimidate peaceful protesters and chip away at their constitutional rights.

“While proponents of this bill say they’re concerned only about riots, the context is clear: this legislation is a direct reaction to some of the most effective protests in modern American history, including the work done by water protectors challenging the construction of the Dakota Access Pipeline at Standing Rock,” said Candi Brings Plenty, indigenous justice organizer for the ACLU of South Dakota. “This bill and the narrative surrounding it only creates a state of fear that pits activists and organizers who are exercising their First Amendment rights against government officials and law enforcement.”

Additionally, House Bill 1117 raises a fundamental question: How will the State of South Dakota ensure that the rights of the people planning to peacefully protest the Keystone XL Pipeline are protected?

That question is of particular importance to the South Dakota tribes and indigenous peoples and organizations that plan to protest the construction of the Keystone XL Pipeline.

“Indigenous voices have long protected Mother Earth’s biodiversity and we will not be intimidated into silence,” said Dallas Goldtooth, an organizer with the Indigenous Environmental Network. “We refuse to live in fear for demanding climate justice and protecting our sovereignty as Native nations and its peoples. We will remain vigilant against further government attempts to outlaw our right to peacefully assemble.”

The ACLU of South Dakota, along with the people and organizations most directly impacted by this unnecessary legislation, would like to see a comprehensive plan that ensures civil rights will be protected and a plan that prevents the escalation of any tension between peaceful protestors and law enforcement. 

“The state of South Dakota doesn’t want anything to disrupt the pipeline’s construction, but our sacred lands are too important,” said Nick Tilsen, president and CEO of NDN Collective. “We will continue to deploy organizers in the field and mobilize our people for climate justice and against the KXL pipeline. We will continue to fight for air, land, water and our rights. Protecting Mother Earth should not feel like an ‘us’ verses ‘them’ situation.”


About the ACLU of South Dakota

Based in Sioux Falls, the American Civil Liberties Union of South Dakota is a non-partisan, nonprofit organization dedicated to the preservation and enhancement of civil liberties and civil rights. The ACLU of South Dakota is part of a three-state chapter that also includes North Dakota and Wyoming. The team in South Dakota is supported by staff in those states.

The ACLU believes freedoms of press, speech, assembly, and religion, and the rights to due process, equal protection and privacy, are fundamental to a free people.  In addition, the ACLU seeks to advance constitutional protections for groups traditionally denied their rights, including people of color, women, and the LGBTQ communities. The ACLU of South Dakota carries out its work through selective litigation, lobbying at the state and local level, and through public education and awareness of what the Bill of Rights means for the people of South Dakota.

###

November 2020 Edition

Stay Informed. Take Action.

Subscribe to the NDN allies newsletter

Sign up to get our newsletter. Delivered once per month.

We care about the protection of your data and would never sell your email or share it with anyone without your permission.

Posted 1 year ago Alcatraz Canoe Journey: Honoring 50 Years of Indigenous Resistance and Persistence

Jade Begay

"If we work to reframe Alcatraz as a symbol for Indigenous sovereignty and reposition it in people’s psyche that way, it could be a very powerful thing, especially for people who are so often forgotten overlooked and marginalized like Natives in America."
Posted 1 week ago NDN Collective Responds to DC Violence: "Dismantle white supremacy, Radically imagine a new future."
“NDN Collective vehemently supports the calls for impeachment of President Trump, but more importantly, and beyond this presidency, this moment illuminates the urgent need to dismantle white supremacy and radically imagine a new future.”
Posted 1 month ago NDN Collective Leadership Congratulates Rep. Deb Haaland on Being Named Secretary of the Interior
“We are excited by Rep. Haaland’s appointment and look forward to having a representative who has insight into Indigenous issues and priorities, so Land Back organizers can uplift our policy solutions and help fuel systematic change that benefits all people and the planet.”
Posted 1 month ago NDN Collective Awards $4.5 Million in Grants to 105 Indigenous-led Projects for Transition & Resilience
Announcing 105 Indigenous-led projects selected in Phase 2 of our COVID-19 Response Project under our theme of Transition and Resilience.
Posted 1 month ago NDN Collective and Oweesta Award $1.25 Million in Grants to Native CDFIs
This COVID-19 CDFI Grant Program is part of NDN Collective's NDN COVID-19 Response Project. These Native CDFIs will further their roles as the economic engines for financial sovereignty in Indian Country through the COVID-19 Grant Program.
Posted 2 months ago Announcing LANDBACK Now: A livestream show produced by NDN Collective
A Facebook livestream show about land, kinship and collective liberation. The show will stream at varied times on NDN Collective’s Facebook page with a special episode airing on Hawaiian Independence Day, November 28 at 7 pm CST.
Posted 2 months ago Shifting Power and Emboldening Indigenous-led Climate Solutions: NDN Collective on Bezos Earth Fund Grant

Nick Tilsen

A message from NDN Collective President and CEO, Nick Tilsen. "Receiving this substantial grant is part of an overall [NDN Collective] strategy to shift power, decolonize wealth, and resource Indigenous people who are on the frontlines of fighting for justice and equity."
Posted 2 months ago NDN Collective Leadership Urges the Biden Administration to Name Rep. Deb Haaland Secretary of the Interior
To book an interview, contact aprill@megaphonestrategies.com
Posted 2 months ago I’m a Native veteran. Today, I invite fellow service members to join me in fighting for collective liberation.

Krystal Two Bulls

"My experience of being a woman, Indigenous, and a veteran is complicated, to say the least. The history of Native people serving in the U.S. military is long, and not accidental. During WWI, Native folks started enlisting at higher rates, because the U.S. government told Indigenous leaders if their sons enlisted, they could have their land back."
Posted 3 months ago How to Survive the Elections: Organizing Forward, Indigenously

Jade Begay

2020 has been an especially challenging year for our People, and yet, this election is affording us with the opportunity to change the course of things in a big way.
Posted 3 months ago Sko Vote Den: A nuanced call for Native folx to GOTV, because voting while Native is complex yet necessary!
A play on the intertribal social dance powwows where Native people and powwow goers visit casually while enjoying culture and building relationships, the Sko Vote Den Virtual Intertribal was designed to build political awareness and joy around getting out the vote in Indian Country.
NDN Collective
317 Main St #1
Rapid City, SD 57701
P: +1 (605) 791-3999
E: info@ndncollective.org
© 2021 NDN Collective. All rights reserved.