South Dakota Drops Parts of Law Prohibiting Pipeline Protests

The governor and attorney general of South Dakota agreed to a settlement last week that will prevent the state from enforcing certain provisions of a law passed earlier this year to discourage protests of pipeline construction. The law was passed after the oil and gas industry lobbied lawmakers to protect construction sites like those of the Keystone XL pipeline, which passes through the state. It would have allowed the state the state to sue people for “riot boosting,” seeking both criminal or civil penalties against those who participate or encourage protests. The ACLU challenged the law on free speech grounds, and a federal judge temporarily blocked the law in September. In the settlement, the state has agreed not to enforce provisions of the law that would allow felony prosecutions and fines against those who encourage but don’t participate in protests. South Dakota Gov. Kristi Noem, a Republican who pushed for the law, said that some things haven’t changed. "It’s important to note that it is still illegal to riot in South Dakota. No one has the right to incite violence,” she said. The judge in the case ruled that the law in its entirety was likely unconstitutional, and could have resulted in criminal penalties for people who send a letter to the editor in support of a protest, give a cup of coffee to a protestor, or hold up a sign on a street corner. The court then asked “if these riot boosting statutes were applied to the protests that took place in Birmingham, Alabama, what might be the result? Dr. King and the Southern Christian Leadership Conference could have been liable under an identical riot boosting law.” The ACLU was representing several indigenous groups who have been active in protesting environmental causes. Dallas Goldtooth of the Indigenous Environmental Network, one of the plaintiffs in the ase, said that he celebrates the win “but remain vigilant against further government attempts to outlaw our right to peacefully assemble.” Several other states have recently passed similar laws to criminalize protests of pipeline construction. South Dakota’s is the first to be struck down, at least in part. [Associated Press; Mother Jones; NBC News; Rapid City Journal]

PAYING ATHLETES | Florida Gov. Ron DeSantis announced his support for a proposal filed for the 2020 legislative session that would allow NCAA student athletes to make money off of their image and likenesses. The legislation is similar to a new California law that will allow student athletes to hire agents and take endorsement deals. The effort in Florida has been led by a bipartisan coalition of legislators. DeSantis, a Republican, said that if both California and Florida have these laws on the books, the NCAA will be forced to reevaluate its policies, which currently bar student athletes from getting paid. "There are going to be issues that need to be addressed. But I'm confident that those issues can be addressed in a way that will maintain college athletics as being a really special thing, but also provide the ability for our student-athletes to benefit just like anybody else would be able to benefit,” he said. Rep. Kionne McGhee, a Democrat, said that the NCAA’s rules create unreasonable restrictions on athletes. “We are sick and tired of the hypocrisy that happens within the classroom setting, where young athletes are taught about capitalism and taught about the free market but are being told on the other hand that they cannot participate in it,” McGhee said. NCAA President Mark Emmert lobbied against the bill in California, saying that "member schools are already working on changing rules for all student-athletes to appropriately use their name, image and likeness in accordance with our values.” [Click Orlando; CNBC]

OPIOID MONEY | Lawyers and government leaders in Ohio are working on a plan for how to spend the money that they might receive through lawsuits brought against drug manufacturers and distributors over harm caused by the opioid epidemic. The planning comes after two counties in the state agreed to a $260 million settlement with three drug distributors and a drug manufacturer. While that money is theirs to spend, the state is now planning for what to do with money that could come from other pending state and local suits. Gov. Mike DeWine, a Republican, said that he hopes the collaboration in the state can serve as a national model for other states who might win money from opioid suits. "Everyone had the same goal, which is really to be united and have a united front as we move forward in future negotiations. I think it's going well. We're working on getting an agreement and a working understanding of how the money should be spent,” he said. Ohio’s attorney general is still working with other states to negotiate with drug companies over a potential settlement in a national opioid suit; the two counties that were just awarded money decided not to join the state suit in favor of working out their own deal. [Associated Press]

LEGISLATOR RETIREMENT | The longest serving state legislative leader in the country, a Maryland senator first elected in 1970, announced last week that he will retire. Thomas Miller, 76, is fighting cancer. The Democrat will leave his leadership position at the beginning of next session, but will serve out the remainder of his term in the Senate. “After 34 years of being president of the Senate, my mind is still strong, but my body is weak. We need somebody younger … It’s been a great run. I’ve enjoyed every minute of it,” he said. Gov. Larry Hogan, a Republican, praised Miller for his service. “President Miller has been a strong, unifying leader for the legislature and the state. His steady presence and trademark humor will be deeply missed as President, but we are pleased to know that Mike will continue to represent the people of District 27 in the Senate,” he said. Miller will be replaced by state Sen. Bill Ferguson, who was born more than a decade after Miller was first elected to office. [Baltimore Sun; The Hill]

ANNEXATION | The mayor of Mobile, Alabama wants to expand the borders of the city by annexing three areas. If the plan goes through, Mobile’s population will grow from 192,000 to 205,000, making it the second largest city in the state and bringing in an additional $2 million in tax revenue. “That’s not just bragging rights. When corporations are looking for cities that they want to be part of, you know, being over two hundred thousand, the second-largest city, those things resonate,” said Mayor Sandy Stimpson. He said the benefits would also extend to the potential new parts of Mobile, which would then be guaranteed city services like police and fire response. The proposal would need to be approved by the city council and then the voters of the annexed areas in a special election. Stimpson hopes to have the annexation completed before the 2020 Census. [WKRG; FOX 10]