PIERRE — A committee of South Dakota lawmakers endorsed a bill Friday that would require pornographic websites to implement age verification measures. 

The House State Affairs Committee passed the measure 11-2, with all yes votes from Republicans and the two no votes from Democrats. It now goes to the full House of Representatives. 

The legislation would require pornographic websites to ensure users are at least 18 years old by verifying their identification, via means that could include submitting an image of an identification card. The bill would also prohibit the websites and any third parties conducting age verification from retaining users’ identifying information post-verification. 

Non-compliance by websites would result in a misdemeanor for the first offense and escalate to a felony for subsequent violations. The bill contains lengthy definitions for pornographic content harmful to children.

Rep. Bethany Soye, R-Sioux Falls, is the prime sponsor of the bill. She said it’s essential to protect minors from exposure to explicit online content.

Hollie Strand is a forensic examiner with the Pennington County Sheriff’s Office who said she was testifying on her own behalf. She said children as young as kindergarten students are being exposed to pornography, whether parents take measures to protect their kids or not.

“I had a kindergartener ask me what to do when his friend showed him porn and he asked him to stop,” she said. 

The state Attorney General’s Office endorsed the bill. 

The American Civil Liberties Union of South Dakota testified in opposition and said that while the intention is to safeguard minors, the legislation could undermine the First Amendment rights of adults who might be deterred by age-verification privacy concerns from accessing legal content.

“Allowing the government to restrict access to sexual content will inevitably lead to more censorship and a more restricted internet for everyone,” said Samantha Chapman, ACLU of South Dakota advocacy manager. “Young people deserve our protection and support, but age-gating the internet is not the answer.”

The legislative effort follows similar, failed legislation from last year. 

In response, an interim study committee was established to examine the issue further. A separate, similar bill also addresses the issue this session in the Senate but hasn’t had a hearing yet.

Sen. David Wheeler, R-Huron, a sponsor of the Senate bill, said it’s modeled after Texas legislation that’s under consideration by the U.S. Supreme Court. The bill would only take effect if the Texas law is upheld. Wheeler said that would prevent South Dakota from having to face litigation and pay legal fees for its own law.

The other difference is the Senate bill would only require age verification for sites where at least one-third of the content is harmful to minors, to more clearly distinguish between pornographic sites and sites that merely contain some adult content. In response to a South Dakota Searchlight question, Wheeler acknowledged that pornographic sites could transition two-thirds of their content to non-harmful material to avoid being age-gated.

“That just illustrates the difficulty of regulating this stuff,” Wheeler said. 

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DETROIT – A parking company says that parking rates at three lots near Ford Field in Downtown Detroit were mistakenly listed for $999 due to a tech issue.

On Jan. 16, 2025, the city of Detroit filed a complaint against Park-Rite, Inc., a company that operates 12 parking lots in Detroit, after rates at three lots near Ford Field were listed online for $999 ahead of the Detroit Lions game. Parking rates are regulated by the city, and rates at those particular lots are capped at $150.

As of Friday morning, the city had closed the three parking lots and posted orders to suspend operation at the sites. The lots were re-opened later Friday morning.

Here’s what was explained in court:

What Park Rite says happened

Oral arguments were heard during a status conference held before Judge David J. Allen on Friday, Jan. 17, 2025.

Attorney Michael Vogt spoke on behalf of Park Rite. He said that Park Rite uses Spot Hero, a digital parking marketplace, to market, advertise rates, and sell reservations online. He said the $999 price was mistakenly published to Spot Hero due to a tech issue and has since been corrected.

He said that the e-commerce manager for Park Rite, Miguel Nouhan, put the $999 number in the system as an “inventory control measure” within their online dashboard to let him know when there are overlapping events scheduled in Detroit. A change occurred in Spot Hero that caused the $999 rate in the internal dashboard to mistakenly be published on the public website without his knowledge.

“Spot Hero changed the way their logic works very recently and didn’t notify me to explain how it works so, basically, they’re telling me that even though on my side it says in caps ‘EVENT SOLD OUT INVENTORY 0′, if I put 999 in there, it’s going to automatically pull that number in when there’s an overlapping event,” Nouhan said. “For example, if there’s an event at the Music Hall and at Ford Field, it’s gonna take the highest of the two rates whether there’s inventory available or not.”

Nouhan said under oath that the $999 rate published on Spot Hero was not published intentionally. He said when he notice the issue he contacted his representative with Spot Hero and they corrected the issue.

Was anyone charged $999?

According to Vogt and Nouhan, no, nobody was charged $999.

Nouhan said a customer was “never ever” charged $999 for a parking space at one of those three lots. He said that if someone had booked at the $999 price, he would have noticed the next morning and “would immediately refund it.”

What happens next?

Judge David J. Allen said the court was satisfied that the $999 rate hadn’t been charged and that the company acknowledged it was a mistake and corrected the issue. He ordered that the lots be re-opened.

A special conference has been scheduled for 10 a.m. on Jan. 22, 2025. At this conference, they will decide if the case will be dismissed.

—> Previous report: 3 parking lots accused of charging up to $1,000 for Detroit Lions playoff parking

3 lots located near Ford Field

The lots are located near the intersection of Randolph Street and Gratiot Avenue, just a few hundred feet south of Ford Field.