UPDATE: Senate Bill 189 is pending the Governor's signature to be signed into law.
Senate Bill 189 is an act to establish a fund to receive civil recoveries to offset costs incurred by riot boosting, to make a continuous appropriation therefor, and to declare an emergency
The ACLU of South Dakota opposes this bill. Senate Bill 189 is a solution in search of a problem. To the extent that the bill seeks to stop unlawful riots or violence, it is unnecessary. Riots are already illegal in South Dakota.
Senate Bill 189 does not merely create a new fund; it creates an entirely new category of civil liability under South Dakota law that is motivated by a fear of speech and protest. It is a direct reaction to some of the most effective protests in modern American history, including the work done by water protectors challenging construction of the Dakota Access Pipeline at Standing Rock in North Dakota.