Resisters give shout-out for Riot Boosting Act

Thursday, October 3, 2019  

RAPID CITY – Native American pipeline construction resisters were among the first of plaintiffs to cheer a September 18 federal court order blocking South Dakota Gov. Kristi Noem’s Riot Boosting Act.

U.S. Judge Lawrence L. Piersol granted the injunction that plaintiffs sought in order to prevent enforcement of the new law at least until its challenged constitutionality is decided. “The lawsuit is ongoing, but based on the judge’s comments in the decision, we are hopeful that we will win this case!” said Lakota-Diné Dallas Goldtooth, a plaintiff, along with his organization Indigenous Environmental Network, NDN Collective, Dakota Rural Action, Sierra Club and Lakota tribal member Nick Tilsen.

NDN Collective called the decision “Big news!” and “an important step in the right direction, protecting our right to organize and mobilize in protection of Mother Earth.”

Piersol’s 24-page opinion said plaintiffs are likely to win on the merits of the case and noted, “The riot boosting statute was introduced and passed in the final week of the 2019 legislative session with an emergency clause to make it immediately effective.

“The publicly made claims by the governor and others were that the legislation was to address costs of various persons and entities from anticipated rioting as a result of the building of the Keystone XL Pipeline through South Dakota,” he said.

A judge approved an injunction against South Dakota's unconstitutional "riot boosting" law.

"This decision is a good step in protecting our right to organize, educate and promote a sustainable future for all generations of life.” @dallasgoldtooth#NOKXLhttps://t.co/f84FtaMPBp pic.twitter.com/KWAmLASXya

— Indigenous Environmental Network (@IENearth) September 19, 2019

The act expressly set up a “pipeline activity coordination expenses fund” to hold fines recovered from the newly coined violation of “riot boosting”. Noem said the legislation would protect the state from expenses that might accrue from conflict over the project.

The judge established that the “threat of irreparable harm” to plaintiffs from the Riot Boosting Act “is clear and substantial.”

He recognized plaintiffs’ claim that the new law has “a chilling effect on their free speech and association rights, and they are prevented from soliciting support or contributing or otherwise supporting peaceful protest of the construction of the project as they are afraid of criminal prosecution, as well as substantial and unwarranted damage awards against them.”

He went on to explain, “The protesters desire to be active in advance of the construction season, as opposed to waiting for construction to happen. If public opinion is to be swayed, it should be done before further construction takes place.

“Those in favor of the pipeline should also have opportunity to respond, rather than having all confrontation taking place during actual construction,” he ventured.

Plaintiffs thanked the American Civil Liberties Union for litigating on their behalf. Stephen Pevar, senior staff attorney in the ACLU's Racial Justice Program, responded, “We’re glad the court recognized that these vague and overbroad laws threaten the First Amendment rights of South Dakotans on every side of the issue.”

The ruling recalls Noem’s comment that the legislation “creates a legal avenue, if necessary, to go after out-of- state money funding riots that go beyond expressing a viewpoint but instead aim to slow down the pipeline build. It allows us to follow the money for riots and cut it off at the source.”

Pevar said that “was clearly intended to suppress constitutionally-protected, peaceful protests of the Keystone XL Pipeline.”

John Harter, chair of the lead plaintiff Dakota Rural Action, responded, “Our opposition to the pipeline construction may agitate Gov. Noem, but the First Amendment guarantees us the right to make our voices heard.”

Contact Talli Nauman at talli.nauman@ gmail.com

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