Judge Blocks Enforcement of Part of South Dakota “Riot-Boosting” Act

September 24, 2019

A federal judge blocked enforcement of parts of the so-called “Riot Boosting” Act, a recently enacted South Dakota law establishing civil penalties for encouraging violent protests aimed at shutting down pipeline production, particularly the Keystone XL pipeline. U.S. District Judge Lawrence L. Piersol granted the plaintiffs’ motion for a preliminary injunction on Wednesday.

The American Civil Liberties Union and ACLU of South Dakota, in conjunction with Robins Kaplan, filed the lawsuit on behalf of four organizations: the Sierra Club, NDN Collective, Dakota Rural Action, and the Indigenous Environmental Network; and two individuals: Nick Tilsen with NDN Collective and Dallas Goldtooth with Indigenous Environmental Network.

“We’re pleased that the court has blocked enforcement of the overbroad portions of this protest law,” says Robins Kaplan attorney Erica Ramsey. “As the case moves forward, we remain focused on ensuring that First Amendment rights are upheld for the citizens of South Dakota.”

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