U.S. District Judge Lawrence Piersol today approved the settlement that says South Dakota won’t enforce current state laws that prohibit protected speech and are aimed at suppressing protests against the Keystone XL pipeline. The settlement makes permanent an earlier federal court ruling that temporarily blocked enforcement of unconstitutional provisions of the anti-protest laws.
The American Civil Liberties Union, the ACLU of South Dakota and the Robins Kaplan law firm filed the case on behalf of four organizations: Dakota Rural Action, Indigenous Environmental Network, NDN Collective and the Sierra Club; and two individuals: Nick Tilsen with NDN Collective and Dallas Goldtooth with Indigenous Environmental Network. All are planning to protest the Keystone XL pipeline and/or encourage others to do so.
The lawsuit challenged unconstitutional provisions of several South Dakota laws, including the “Riot Boosting” Act, that threatened activists who encourage or organize protests, particularly protests of the Keystone XL pipeline, with fines, civil liabilities, and/or criminal penalties of up to 25 years in prison.
Under the terms of the settlement, Gov. Kristi Noem and Attorney General Jason Ravnsborg will send a letter to the state’s attorneys in each county, telling them to direct law enforcement in their jurisdictions not to enforce the unconstitutional provisions of the laws. They also will compensate plaintiffs for attorneys’ fees.
About the ACLU of South Dakota
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.
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