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South Dakota vanity plate restrictions were unconstitutional, lawsuit settlement says

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South Dakota vanity plate restrictions were unconstitutional, lawsuit settlement says


South Dakota officials will no longer deny applications for personalized license plates based on whether the plate’s message is deemed to be “offensive to good taste and decency,” following the state’s admission that the language is an unconstitutional violation of free speech rights.

The change is part of a settlement state officials reached in a lawsuit filed last month by the American Civil Liberties Union on behalf of Lyndon Hart. His 2022 application to the Motor Vehicle Division for a vanity plate reading “REZWEED” was denied after state officials called it “in bad taste.”

Hart runs a business called Rez Weed Indeed, which he uses to support the legal selling and use of marijuana on Native American reservations. Hart intended for the personalized license plate to refer to his business and its mission of promoting tribal sovereignty, the ACLU said.

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The section of the law allowing for denial of personalized plates based on the decency clause is “unconstitutional on its face and as applied to the plaintiff,” said U.S. District Judge Roberto Lange in an order signed Friday. The unconstitutional clause can’t be used to issue or recall personalized plates, Lange wrote.

As part of the settlement, filed on Friday, state officials agreed to issue the “REZWEED” plate to Hart, as well as the plates “REZSMOK” and “REZBUD,” that will not be later recalled “so long as personalized plates are allowed by the legislature.” State officials also agreed to issue plates to those previously denied who reapply and pay the required vanity plate fees.

“It’s dangerous to allow the government to decide which speech is allowed and which should be censored,” Stephanie Amiotte, ACLU of South Dakota legal director, said in a statement.

Federal courts have ruled that license plates are a legitimate place for personal and political expression, and courts throughout the country have struck down similar laws, the ACLU said.

In January, North Carolina decided to allow more LGBTQ+ phraseson vanity plates. The state’s Division of Motor Vehicles approved more than 200 phrases that were previously blocked, including “GAYPRIDE,” “LESBIAN” and “QUEER.” Other states – including Delaware, Oklahoma and Georgia – have been sued over their restrictions in recent years.

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The South Dakota settlement stipulates that officials will make a public statement, which is to be included on the South Dakota Department of Revenue’s website, announcing the changes to vanity plate standards by Dec. 15.

That statement did not appear on the department’s website by Tuesday morning.

An email request Tuesday to the spokeswoman of both the state Revenue Department and Motor Vehicle Division seeking comment was not immediately returned.



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South Dakota

South Dakota Gov. Noem admits error of describing meeting North Korea’s Kim Jong Un in new book

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South Dakota Gov. Noem admits error of describing meeting North Korea’s Kim Jong Un in new book


WASHINGTON (AP) — South Dakota Gov. Kristi Noem is releasing a new book called “No Going Back,” but on Friday her office said she would actually be going back to correct some errors — including a false claim that she once met with North Korean leader Kim Jong Un.

The Republican governor’s new book was part of an overt effort to be selected as a running mate for Donald Trump, the presumptive Republican presidential nominee, but it has already faced bipartisan backlash for a story of how she once shot her hunting dog. Then, after scrutiny of her descriptions of meetings with international leaders, her spokesperson Ian Fury said in a statement that it was an error to include Kim in a list of world leaders whom Noem has met — and the publisher would correct any future editions of the book.

Noem’s political prospects were already falling amid widespread disgust for how she recounted killing her 14-month-old wirehaired pointer named Cricket after it had shown aggressive behavior and killed her neighbor’s chickens.

In her soon-to-be-released book, “No Going Back: The Truth on What’s Wrong with Politics and How We Move America Forward,” Noem also describes instances where she has stood up to international leaders — anecdotes that would have bolstered her foreign policy experience — but those were swiftly called into question. She writes about canceling a meeting with French President Emmanuel Macron.

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After The Dakota Scout first reported Noem’s descriptions of the meetings, Fury said that the book “has two small errors. This has been communicated to the ghostwriter and editor.”

In addition to the meeting with Kim, Fury said Noem also mistook the dates in which she spoke with former United Nations ambassador Nikki Haley.

“The book has not been released yet, and all future editions will be corrected,” Fury added.

In a section of the book about meeting with international leaders, Noem writes: “Through my tenure on the House Armed Services Committee, I had the chance to travel to many countries to meet with world leaders — some who wanted our help, and some who didn’t.

“I remember when I met with the North Korean dictator Kim Jong Un,” she writes. “I’m sure he underestimated me, having no clue about my experience staring down little tyrants (I’d been a children’s pastor after all).”

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The description of such a meeting was quickly challenged and described as implausible by experts on U.S.-North Korea relations. When Noem was a member of the House Armed Services Committee from 2013 to 2015, relations between the two countries were tense and a congressional delegation meeting with Kim would have generated considerable awareness, said Syd Seiler, a former U.S. intelligence officer who spent decades working on the relationship with North Korea.

“Nothing like this happened,” he said, adding that he was working at the White House and State Department during that time period and was not notified of a congressional meeting with Kim.

Noem did join an international congressional trip, known as a codel, to Japan, South Korea and China in 2014.

In the book, Noem also writes that she was “slated to meet with” Macron in November last year while she was in Paris for a conference of European conservative leaders, but canceled when he made comments that she considered “pro-Hamas.”

However, Macron’s office told The Associated Press that no “direct invitation” had been made for Noem to meet the French president, though it did not rule out that she may have been invited to a Paris event that he was also scheduled to attend.

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Fury said, “The governor was invited to sit in President Macron’s box for the Armistice Day Parade at Arc de Triomphe. Following his anti-Israel comments, she chose to cancel.”

Meanwhile, Noem is trying to fend off the backlash for writing about shooting her dog as well as a goat.

“Don’t believe the #fakenews media’s twisted spin,” she posted on the social platform X this week. “I had a choice between the safety of my children and an animal who had a history of attacking people & killing livestock.”

Her spokesperson, Fury, also cast scrutiny of the errors in Noem’s book as biased, saying, “The media will, of course, try and make these tiny issues huge.”

Still, members of Congress have poked fun at Noem, with Reps. Jared Moskowitz, a Democrat from Florida; Susan Wild, a Democrat from Pennsylvania; and Nancy Mace, a Republican from South Carolina; launching a Congressional Dog Lovers Caucus this week.

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Moskowitz said on X that one of the group’s rules was, “You cannot kill a puppy.”



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Howard Wood Dakota Relays: Day 2 roundup of results

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Howard Wood Dakota Relays: Day 2 roundup of results


Lincoln senior Ellen Merkley stood on the turf of Howard Wood Field, staring up at the bleachers as the crowd cheered her on for her achievements, taking it all in. Merkley was awarded the 2024 Howard Wood Gold Medal Scholarship on Saturday.

The Dakota Relays Gold Medal scholarship was established in 2000. The Howard Wood Dakota Relays Board of Directors created the scholarship to reward a South Dakota track and field student-athlete who has chosen to continue participation in the sport at the collegiate level in South Dakota.

“It was fun,” Merkley said of receiving the award. “I have been coming to Howard Wood since I was a seventh grader when I started competing with Lincoln. It’s just been so fun to watch all the different competitors and there’s been amazing competition here.”

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Merkley applied for the scholarship and her coach James Jarovski wrote her a letter of recommendation telling the board why she deserved the recognition. Although she said it’s kind of cliche, Jarovski has always been in her corner through the good times and bad.

“No matter what, I can tell that he’s my biggest fan,” Merkley said of her head coach. 

Merkley was part of the team that set the state meet record in the 4×100. She also stood out from the crowd of applicants with her extracurricular activities. The senior is currently the editor-in-chief of the Lincoln High School student newspaper.

Merkley committed to continuing her track and field career, alongside her sister Lauren Merkley and a few other Lincoln alums, at Augustana University.

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Here is the round-up of Sioux Falls-area schools from Day 2 of the Howard Wood Dakota Relays

  • Brandon Valley’s Wyatt Melcher placed third in the Boys triple jump with a 44-07 leap, the second-best mark in AA.
  • Sioux Falls Roosevelt’s David Ndong placed fifth in the Boys triple jump with a 43-11 leap.
  • Sioux Falls Christian’s Rylee Punt placed third in the Girls Pole Vault with a 11-03 mark.
  • Brandon Valley’s Shelby Bergan finished third, broke her personal record, and set the top in Class AA in the Girls 300m hurdle with a 45.61 time.
  • Sioux Falls Christian’s Halle Braun finished fourth in the Girls 300m hurdle, setting the second-best time in Class A with a 45.76 mark.
  • Sioux Falls Lincoln’s Luke Eichacker finished fourth in the Boys 300m hurdle, set a new personal record and the third-best mark in Class AA with a 40.26 time.
  • Harrisburg’s Tate Larson finished fifth in the Boys 300m hurdle with a 40.46 time.
  • Sioux Falls Christian’s Girls 1600m sprint medley team of Ashlee VanDriesen, Mya VanDonge, Katie VanderLeest, and Ellie Maddox finished first with a time of 4:17.43.
  • Brandon Valley’s Girls 1600m sprint medley team of Shelby Bergan, Madison Pederson, Addison Scholten, and Sarah VanDeBerg finished first with a time of 4:08.04.
  • Harrisburg’s Girls 1600m sprint medley team of Brylee Krier, Amarise Okken, Ragyn Peska, and Bria Miller finished second with a time of 4:17.72.
  • Sioux Falls Roosevelt’s Girls 1600m sprint medley team of Irene Thaenrat, Faith Peterson, Lily Tadlock, and Brooklyn Koll finished fourth with a time of 4:21.66.
  • Sioux Falls Christian’s Boys 1600 Meter Sprint Medley team of Kian Clapp, Levi Davelaar, Brant Wassenaar, and Alex Oberloh finished fifth with a time of 3:40.63.
  • Harrisburg’s Boys 1600 Meter Sprint Medley team of Beau Karst, Jagger Lombard, Tytan Tryon, and Griffin Smith finished second with a time of 3:37.91.
  • Sioux Falls Lincoln’s Boys 1600 Meter Sprint Medley team of Javin Augustus, Liam Van Roekel, Griffin Fischer, Tyrus Needles finished third with a time of 3:39.58.
  • Sioux Falls Washington’s Boys 1600 Meter Sprint Medley team of Javon Haukaas, Ethan Rave, Carter Akkerman, and Mohamed Muse finished fourth with a time of 3:40.36.
  • Sioux Falls Christian’s Ana Vyn placed second in the Girls 400m and set the second-highest mark in Class A with a 57.78 time.
  • Sioux Falls Washington’s Nyariek Kur placed third in the Girls 100m hurdles with a 15.09 time.
  • Harrisburg’s Tate Larson placed third in the Boys 110m hurdles, setting a personal record and the second-best mark in Class AA with a 14.73 time.
  • Harrisburg’s Clay Sonnenschein placed fifth in the Boys 110m hurdles with a 14.82 time.
  • Lincoln’s Javin Augustus placed fifth in the Boys 100m with a time of 10.97.
  • Harrisburg’s Lydia Van Stedum finished second in the Special Olympics Girls 100m with a 20.08 time.
  • O’Gorman’s Libby Castelli set a new top mark in AA in the Girls 1600m with a 4:54.60 time.
  • Sioux Falls Christian’s Girls 4x100m team of Sydney Schaap, Katie VanderLeest, Ashlee VanDriesen, and Mya VanDonge finished second in the Class A competition with a time of 49.97.
  • Sioux Falls Lincoln’s Girls 4x100m team of Ellen Merkley, Faith Kpeayeh, Ella Termaat, and Linnea Nesheim placed first and set a new high mark in Class AA with a 49.18 time.
  • West Central’s Boys 4x100m team of Preston Butts, Ben Vuong, Patrick Hammond, and Layton Johnson set the fourth-highest mark in Class A with a 44.75 time and placed fifth.
  • Sioux Falls Lincoln Boys 4x100m team of Javin Augustus, Josh Myers, Mikey Roche, and Griffin Fischer placed second and set the best mark in Class AA with a 42.24 time.
  • Sioux Falls Jefferson Boys Unified 4x100m team of Jack Wagoner, Luke Determan, Kieran Weigelt, and Joseph Tongyik broke a school record and placed third with a 1:04.42 time.
  • Sioux Falls Christian’s Girls 4x400m team of Savaeh Sichmeller, Halle Braun, Corinne Braun, and Anna Vyn placed first, set a meet record, and the new top mark in Class A with a 4:00.58 time.
  • Lennox’s Girls 4x400m team of Bergan Musser, Jayla DeCou, Tori Gerdes, and Karlie Bosma placed third and set the second-best mark in Class A with a 4:08.44 time.
  • Brandon Valley’s Girls 4x400m team of Addison Scholten, Kyra Weiss, Sarah VanDeBerg, and Madison Pederson placed first and set the best mark in Class AA with a 3:57.78 time.
  • Sioux Falls Roosevelt’s Girls 4x400m team of Faith Peterson, Brooklyn Koll, Emily Schuck, and Lily Tadlock placed third and set the fourth-best mark in Class AA with a 4:08.32 time.
  • West Central’s Boys 4x400m team of Patrick Hammond, Elliot DeJong, Rylee Hartung, and Jude Jarding placed first and set the best mark in Class A with a 3:29.66 time.
  • Sioux Falls Christian’s Boys 4x400m team of Kian Clapp, Brant Wassenaar, Alex Oberloh, and Bennett Wassenaar placed third with a 3:30.56 time.
  • Lennox’s Boys 4x400m team of Drake Mikkelsen, Cloy McVey, Noah Sayler, and Cade Sherard placed fifth with a 3:33.95 time.

Jonathan Fernandez covers high school and college sports for the Argus Leader. Contact him at jfernandez1@argusleader.com. Follow him on Twitter at@JFERN31





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South Dakota governor Kristi Noem continues to be plagued by book controversies

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South Dakota governor Kristi Noem continues to be plagued by book controversies


As she entered a second consecutive weekend trying to manage fallout from revelations in her upcoming memoir that she shot her dog to death, South Dakota’s governor, Kristi Noem, had conceded that she would need to correct multiple factual inaccuracies in other parts of the book.

Meanwhile, a Republican fundraiser which Noem was supposed to headline had to be canceled after threats against the event staff, hotel venue and governor, according to organizers.

And in one of the clearest signs yet that she has fallen out of contention to be Donald Trump’s vice-presidential running mate in November’s election, as she once was, Rolling Stone published a report quoting multiple sources close to the former president who assured he was “disgusted” by her dog-killing story.

Noem has faced increasingly acrimonious backlash after the Guardian in late April reported on an excerpt from her new book, No Going Back: The Truth on What’s Wrong With Politics and How We Move America Forward, in which she recounts fatally shooting both a 14-month-old dog, Cricket, along with an unnamed goat.

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She has defended her self-described actions as being typical of the unpleasant things people who live on farms and answer the call to politics must do.

But her polling numbers have plummeted as her justifications for the animal killings have not landed with the public. And since then, Noem’s memoir has only drawn more scrutiny.

Experts widely doubted the veracity of an anecdote which Noem included in the book about meeting the North Korean dictator Kim Jong-un and feeling underestimated by him. Her camp subsequently conceded she never met the North Korean leader.

Additionally, a spokesperson for former South Carolina governor Nikki Haley denied the book’s characterization of a conversation between Haley and Noem, who claimed Haley threatened her after she challenged Haley’s status as a leading woman in the Republican party.

The book claims the conversation occurred when Noem first took office in 2019, but it was a year later.

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Whatever the case, Noem’s chief of communications, Ian Fury, told The New York Times that both errors would be corrected.

“It was brought to our attention that the upcoming book No Going Back has two small errors,” Fury said to the Times. “This has been communicated to the ghostwriter and editor. Kim Jong-un was included in a list of world leaders and shouldn’t have been.”

Separately on Friday, the chairperson of Colorado’s Jefferson county Republican party said the organization canceled its annual fundraiser because Noem’s planned headlining appearance had spurred multiple threats.

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Noem was still set to headline Florida’s Brevard county Republican party fundraiser on 25 May. The county party’s chairperson defended Noem’s decision to kill Cricket, and the purchase of a ticket includes a copy of No Going Back.

Rounding out the South Dakota governor’s Friday was the Rolling Stone report based on sources of the publication who recounted how Trump has expressed disgust with Noem’s killing of Cricket in closed-door meetings and telephone conversations.

“Why would she do that?” Trump – who is grappling with nearly 90 felony criminal charges, among other legal problems – was quoted as saying. “What is wrong with her?”

Rolling Stone added: “He has expressed bewilderment that she would have ever admitted to doing this, willingly and in her own writing, and has argued it demonstrates she has a poor grasp of ‘public relations’.”

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The publication also wrote that Trump’s responses were leaked to definitively eliminate Noem from vice-presidential contention.

Noem is scheduled to appear on Sunday morning on CBS’s Face the Nation and is expected to be asked about the ongoing fallout from her new book.



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