South Dakota Depriving Right of Peaceful Protest

Civil liberties organizations and activists are pushing back against new laws which criminalize protests and free speech related to pipeline projects.

In late March, a coalition of Native activists, the American Civil Liberties Union (ACLU), and the ACLU of South Dakota filed suit against the State of South Dakota in an effort to repeal recently passed state laws aimed at curbing “rioters” during the upcoming construction of the TransCanada Keystone XL pipeline. South Dakota Senate Bill 189 and SB 190 have created controversy due to the potential to prevent peaceful and legal protest of environmental projects.

Senate Bill 189, also known as the Riot Boosting Act, grants the state the authority to sue any individual or organization for what they call “riot-boosting,” or encouraging and/or participating in acts of force or violence. SB 190 sets up funding to pay for state, county, and local police to combat potential pipeline protesters. This means that any individual who is attending a protest or rally against the Keystone Pipeline (or other future pipeline) could become subject to civil or criminal penalties, whether they engage in violence or not. The plaintiffs in the suit argue that the language of the bill is vague and does not clearly define what type of conduct or speech is considered “riot-boosting” or encouraging a riot.

The Washington Times reports that South Dakota Gov. Kristi Noem has stated that the legislation will help shut down protests of the Keystone XL Pipeline and prevent a battle between protesters and police as was seen during the construction of the Dakota Access pipeline in North Dakota in 2016. The Times notes that Noem believes protesters were funded by “out-of-state liberal donors, such as George Soros.” South Dakota State Sen. John Wiik said the introduction of the new laws “stems from what happened up at Cannonball, North Dakota.”

Plaintiffs on the lawsuit include the NDN Collective, the Indigenous Environmental Network, the Sierra Club, Dakota Rural Action, Dallas Goldtooth of the Indigenous Environmental Network, and Nick Tilsen, President and CEO of the NDN Collective.

Gov. Kristi Noem’s legislation is yet another way to promote Big Oil interests and prevent dissent by making protesters subject to legal action,” says Kim Pate, Vice President of NDN Collective.

The NDN Collective recently wrote that the broad language in SB 189 means that “anyone that contributes to a protest, whether through monetary donations, donations of supplies, or even through organizing a page on social media, can be held liable, and have civil and criminal penalties for supporting a protest that the state deems ‘violent‘.” Further, the law states that individuals or organizations can be held liable even if they are not on the ground in South Dakota. The NDN Collective also states that the law would allow TransCanada to redirect money seized from protesters and organization towards pipeline construction.

The ACLU of South Dakota has also condemned the new laws, stating, “We’re prepared to stand on the front lines and defend your right to peacefully protest and express your opinions freely.”


Featured image credit: Emma Fiala

 

from:    https://themindunleashed.com/2019/04/south-dakota-sued-preventing-standing-rock.html

Protesting the Keystone XL Pipeline, Respecting Native Lands

The Final Indian War in America About to Begin

Lakota members marched during the annual Liberation Day commemoration of the Wounded Knee massacre. People carried American Indian Movement flags and shot rifles into the air as part of the celebration. Photo: Deep Roots United Front/Victor Puertas
Lakota members during the annual Liberation Day commemoration of the Wounded Knee massacre. Photo: Deep Roots United Front/Victor Puertas

November 17, 2014 By 

South Dakota’s Republican leadership of John Thune and Kristi Noem always march lockstep with the other Republican robots. Neither of them care that South Dakota’s largest minority, the people of the Great Sioux Nation, diametrically oppose the Pipeline and they also fail to understand the determination of the Indian people to stop it.

The House vote was 252-161 favoring the bill. The bill was sponsored by Rep. Bill Cassidy (R-La.) who is trying to take the senate seat from Democrat Mary Landrieu, They are headed for a senate runoff on December 6 and Landrieu has expressed a strong support of the bill in hopes of holding her senate seat.

Two hundred twenty-one Republicans supported the bill which made the Republican support unanimous while 31 Democrats joined the Republicans. One hundred sixty-one Democrats rejected the bill.

Progressive newsman and commentator for MSNBC, Ed Schultz, traveled to the Rosebud Indian Reservation in South Dakota this year to meet with the Indian opponents of the Pipeline. Firsthand he witnessed the absolute determination of the Indian nations to stop construction of the Pipeline.

He witnessed their determination and reported on it. Except for Schultz the national media shows no interest and apparently has no knowledge of how the Indian people feel about the Pipeline nor do they comprehend that they will go to their deaths stopping it. What is wrong with the national media when it comes to Indians?

As an example of the national media’s apathy, the Lakota, Nakota and Dakota have turned their backs on the $1.5 billion dollars offered to them for settling the Black Hills Claim and although they are among the poorest of all Americans, the national media does not consider this news.

Why do they protest the XL Pipeline? Because the lands the Pipeline will cross are Sacred Treaty Lands and to violate these lands by digging ditches for the pipelines is blasphemes to the beliefs of the Native Americans. Violating the human and religious rights of a people in order to create jobs and low cost fuel is the worst form of capitalism. Will the Pipeline bring down the cost of fuel and create thousands of jobs?

President Obama at the southern site of the Keystone XL pipeline, March 22, 2012 in Cushing, Okla.
President Obama at the southern site of the Keystone XL pipeline, March 22, 2012 in Cushing, Okla.

President Barack Obama has blocked the construction of the Pipeline for six years and he said, “I have constantly pushed back against the idea the somehow the Keystone Pipeline is either this massive jobs bill for the United States or is somehow lowering gas prices. Understand what this project is. It is providing the ability of Canada to pump their oil, send it through our land, down to the Gulf, where it will be sold everywhere else. That doesn’t have an impact on U.S. gas prices.”

In the meantime Senator Landrieu conceded that it is unlikely that the Senate and the House will have the two-thirds majority needed to override an Obama veto.

Wizipan Little Elk of the Rosebud Sioux Tribe and a coalition of tribal leaders from across the Northern Plains and the United States have pulled no punches on how they intend to fight the Pipeline to the death if that is the only way to stop it.

South Dakota’s elected leadership has totally ignored the protests of the largest minority residing in their state. They have also totally underestimated and misunderstood the inherent determination of the Indian people. This is a huge mistake that will have national implications and it is taking place right under their Republican noses.

What is even worse South Dakota’s media has also buried its collective heads in the sand even though Native Sun News has been reporting on the Keystone XL Pipeline since 2006. Award-winning Health and Environment Editor for Native Sun News, Talli Nauman, has been at the journalistic forefront of this environmental disaster about to happen from day one and she has been rewarded by the South Dakota Newspaper Association with many awards for her yearly series of articles on this most important topic. Until this issue became a political football, the rest of South Dakota’s media had been silent.

The Keystone XL Pipeline that is being pushed by TransCanada may well be the beginning of the final war between the United States government and the Indian Nations. A word of caution to TransCanada and the U.S. Government: please do not disregard the determination of the Indian people when they say they will fight this Pipeline to their deaths if need be. They mean it!

When asked if he truly thought that a handful of Indians could stop the construction of the Pipeline, Little Elk simply said, “Try us!”

The Rosebud Sioux Tribe stands its ground against the controversial Keystone XL Pipeline ‪#‎NoKXL‬ ‪#‎StandTheLine‬
The Rosebud Sioux Tribe stands its ground against the controversial Keystone XL Pipeline ‪#‎NoKXL‬ ‪#‎StandTheLine‬

from:    http://redpowermedia.wordpress.com/2014/11/17/the-final-indian-war-in-america-about-to-begin/