An interview w/ the creator of sfmonkey.org, Dan Daily

sfmonkey.org

What reactions are you getting, any from city hall? Attorneys? Citizens?

City Hall has not contacted me. At one time there was a private meeting with the council. They considered reimbursing me for my legal expenses but most councilors and the mayor vetoed. Private attorneys use my case to dismiss lawsuits the city files. I’ve made attorneys aware of the suit. I offer my card and testimony should they need me for a pertinent case. Citizens are a big disappointment. Their initial reaction is they’d accept city demands before they’d go to court.  I, myself, shall always protect and defend my constitutional rights. I’ll use all of my energy and assets if necessary.

Tell us about Zamby, Vietnam monkey story. Also, is Zamby (the monkey) a reflection of how the city ‘monkey’s around’ with citizens and our tax dollars? Also talk about your service to the country.

I inherited a monkey in Vietnam. He’d ride on the canvas over jeeps or trucks. Monkeys have no intestines and surge without warning, messy. They’re good companions. He’d go ape in the bunker and wake us to shoot huge rats. A cat would work better. Citizens are like monkeys. They lack intuition and awareness.  They follow one leader. Works if the leader is not a self-centered greedy arrogant narcissist. We’re no longer an all American city. More like Jonestown, South Africa or a David Koresh compound. Tax dollars, my grievance is we should do more for the majority (our working class). They work 12 hour days and don’t have the interest or energy for tennis or pickleball. They can’t afford concerts coming to the EC.

I was a US Army artillery surveyor in Vietnam. I travelled with infantry into new battery placements. Guard duty was in a 90′ tower spotting enemy mortar tube flashes. I knew it was coming because of the 50 cal machine gun spray beforehand. I went into Cambodia 50 miles with special forces and mercenaries. Nixon said no further than 21.7 mi., bullcrap. I turned in my Mattel M-16 and bought a grease gun. I also had a 40mm grenade launcher with HE, WP, shotgun, and flare bandolier. Lots of stories. To much for here. I get VA benefits for Agent Orange Heart Disease (5 surgeries) & PTSD.

Talk about the city lawsuit? What you had to go through for 7 years. What about assistant city attorney, Shawn Tornow’s involvement. 

The matter started in 2003. My background is land surveyor and real estate. I reviewed city ordinances. Adding to your driveway did not require city approval. On my block of 30 homes, there were 13 similar driveway extensions the city had no zoning exceptions for. I would have compromised. The only solution the city gave was remove it or we’ll fine you $150 per day till you do. I appealed and went to 4 city hearings. One was 8 hours long. They denied another (with 5 city directors) happened. I proved it did. It became necessary to appeal into circuit court. At some point, they dropped the driveway argument and the suit became a constitutional matter. I won but my uncompensated cost was $50k. The city, not I, appealed into SD State Supreme Court. At this point, 3 law firms had participated. One agreed to handle the case pro bono.  Legal research was free from the SD School of Law. There was some back and forth but the city lost. They hired a private law firm to suppress the matter. I’d like to find out what grade school Shawn Tornow (then city attorney) learned law from.  He’d not show up for court and wouldn’t comply with court orders. His defense was to make it last.  It did for 5 years via 30 minute court dates. Each time (I lost count), he’d delay to a future date.  He was terminated (but not because of my lawsuit–the rumor is he was caught trying to ‘fix a traffic violation ticket’ for one of his kids). There’s no reward for fighting city hall. I’d do it again but don’t recommend it.

Talk about how much it cost you, not just financially, but health wise & personal relationships.

My spouse of 23 years moved out before the Supreme Court decision. There was to much duress for her.  She watched my hypertension become a problem. I had financial issues from the suit and nearly lost my home. It was important to hold it but hard to live in a big house alone, lots of memories. Tornow had recruited my neighbor to harass me with false police reports. There were a dozen or more per year. Police (in force) would come to my door. Their intent was to provoke and come up with a charge. I’m a disabled senior. My neighbor (a large man) and his two 20 something sons would threaten me often. He served me a little known protection order process meant for battered women and we ended up in court. I travel for business and proved his accusations were times I was out of town. I wanted the court to require his mental evaluation. He would lose his professional medical license so he agreed to move. The code enforcer came to my home probably a hundred times. He’d sit outside evenings in his personal car. Sometimes there would be a rent car outside with a big guy taking pictures. Many times, I’d carry a concealed pistol when I was working in my yard.  I live in a small townhouse now. I want to be sure I have a vote in city elections and I want to speak at some public comment council meeting sessions. I choose to be an active outsider discouraging people and business from locating in Sioux Falls. Surrounding communities are not the crime syndicate the city of Sioux Falls has become. They have midwest values and government of, by, and for the people. This area is ripe.  Move here for sure but locate in Brandon, Tea, or Harrisburg.

Unconstitutional city fine / fee process. Explain to people how the city can’t sue you anymore. Idle threats, harassment, etc.

Ignore all city fines, fees, permits, etc. They’ve refused (since 2008) to revise ordinances and charter to allow appeals into court. They’ll try to get you into small claims court. Appear but state you want your case heard in circuit court. Small claims is voluntary, you have this option. They’ll not file suit in circuit court because the case is dismissed. They can’t sue you because they do not comply with South Dakota Civil Procedures (each and every point).  They have a Writ of Certiorari exempting them from lawsuits. They’ll use it if investors sue for default on EC bonds.  Simply, they can’t sue you and you can’t sue them. Why do we have a city government who can’t enforce rule of law or force action? Idle threats, certainly. It’s hard not to laugh out loud.  They’re ignorant, they should be angry they can’t enforce anything. There should be code enforcement once democracy is restored. One of the present code enforcers is a bully who was ‘dismissed’ from the highway patrol and the city of Yankton. A code enforcer is not a peace officer. He/she must not have a badge nor have arrest capability. Cities must at first use a diplomatic way to deal with citizens. If the city calls a hearing and serves you properly (certified mail or sheriff’s deputy) go but bring a voice recorder. If it’s serious or a big dollar amount, bring an attorney and court reporter.  See how fast the hearing is cancelled. If they continue – you should (certified) send a letter opting for a court appeal in lieu of a city hearing. You’ll not hear from them again. What’s sad about city absence of authority is they can no longer stop or restrict the number of casinos, asian massage parlors, nude juice bars, etc..

Why do you want others to join in? Talk about censorship and transparency in local government.

I’ve learned not enough citizens care. I probably shouldn’t either. The city has no authority. They can sit in council chambers acting important and refining ordinances so long as we (the people) don’t have to respond, comply, or even listen. The few of us who do care would like to have something to say. There is public comment with potential city doctoring/manipulation or at the end of a session. SIRE, the online meeting viewing software still doesn’t work after many years of malfunction. This is either blatant soft censorship or incompetence–probably both. Our local newspaper and broadcast media will not report city unconstitutional actions or city harassment. City spending is non-competitive bid (the mayor has the authority to pick any bid, low or high). The mayor decides everything and hires ‘favorable’ suppliers/contractors. Most on the council are in bed with the mayor. The council decides you can’t text and drive but you can read an email. It was suspected that many EC contracts were in the works before the location and vote even took place. Heck, the planning department was following the new Shape SF zoning procedures before the council even passed it. Some bond money probably goes straight to the contractor before being approved by the council. The city has new revenue from sales tax growth. Politicians and public project developers are getting rich but the citizens can’t afford milk for their children.

Tell us about code enforcement, what you think is good, what you think is bad.

Code enforcement takes common sense, people skills, and pertinent knowledge complimented with ongoing education and training. The city has one goon. There used to be a city personnel office. If you walk in there, you can’t find anybody. I made 4 formal complaints against the code enforcer. None were answered. It’s all bad, anything is improvement.