PIERRE, S.D. (KELO.com) — Governor Kristi Noem has agreed not to enforce a key, but controversial part of her new law aimed at violent pipeline protests.
It’s a settlement of the ACLU’s lawsuit on behalf of Dakota Rural Action. It’s the so-called ‘riot boosting’ part of the law that the state has promised not to enforce, the part that essentially could hold organizers or financial backers of protests liable for any violence that might occur.
The ACLU’s Stephen Pevar says part of the reasoning may be that the state knew it couldn’t win in court.
“I’m sure that played into this, that they must have realized that they would likely lose.”
Pevar says the central victory in this settlement is free speech.
Governor Noem proposed and the State Legislature approved a package of laws designed to be proactive about future protests expected over the Keystone XL Pipeline, as it was constructed across South Dakota. Some time violent protests against the Dakota Access Pipeline cost the State of North Dakota significant money.
Governor Noem reacted to the settlement with the following statement:
“Today, my team reached an agreement that will resolve the Dakota Rural Action v. Noem litigation. If the court approves our agreement, the state can begin work to update crimes that have been on the books since South Dakota became a state. We remain focused on preserving law and order while protecting the right to free speech and peaceful assembly. It’s important to note that it is still illegal to riot in South Dakota. No one has the right to incite violence.
My team and I are continuing to work to protect people, property, and the environment, all while making sure the crimes on our books are in line with current constitutional law.”
