Will Mayor Huether’s code enforcement rampage backfire on him?

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It now is no secret that Mayor Huether is ramping up code violations, not only on complaint basis but it seems proactively. He has pronounced it himself in the media and city employees and private citizens said they have seen the effects already. But won’t this all backfire on him and the city financially if they don’t fix the code enforcement mess?

I wrote a negative red-light camera letter to the Argus Leader almost four years ago. Former Sioux Falls Mayor Dave Munson sent a tough-guy code enforcer on a vendetta against me. It took four citations, four city hearings, four years of litigation, four circuit court dates and $40,000 in legal expenses to exonerate myself. In the process, I showed home rule charter is not democracy.

Mr. Daily sent me the original – unedited version of the letter . . . oh the Gargoyle Leader and their editing pen.

Traffic Camera Case

I wrote a negative traffic camera letter to the Argus some 4 years ago.  Munson sent out the tough guy code enforcer vendetta.  It took 4 citations, 4 city hearings, 4 years of litigation, 4 circuit court dates, and $40,000 in legal expense to exonerate myself.  In the process, I showed Home Rule Charter is not democracy.  Present city procedure ignores the South Dakota Civil Procedures Act and 2 amendments to the U.S. Constitution.

For the camera case, Circuit Court interpreted and applied the law.  The class should be compensated for illegal citations and litigation.  There should be punitive damages.  My situation (above) was 4’s and I suggest a $4 million judgment.   The city plans 10 more cameras.  This case should first go into state court to answer constitutional questions and evaluate city civil procedures.  The assistant city attorney has violated citizen’s rights in city hearings and obstructed justice in circuit court cases.  He represented an unfounded and improperly noticed ethics complaint against a city councilor in order to influence an election. There should be a state Supreme Court ethics hearing and reprimand. The city turned off the camera and, after ignoring 3 prior court orders, finally complied with one.

If the mayor will not repeal home rule or if state court doesn’t revoke it, I suggest a new mayor and term expired council members in 2014 who advocate:

‘REPEAL HOME RULE, RETURN TO CONSTITUTIONAL DEMOCRACY’.

Munson oligarchy became tyranny then a full blown dictatorship.  The mayor makes all decisions such as policy, budget, tax increases, and non-competitive bidding.  The city council has become puppets meant to mimic democracy.  At one time, during Munson, Home Rule Charter could have been amended into a viable concept.  Considering misapplications and citizen torment, it should now be abandoned.  Then, city administration can be welcomed back.  If they apply and can answer a few constitutional questions, they can be reinstated as U.S. citizens.

Daniel R. Daily, Citizen and Constitutional Plaintiff

About F’ing time! Justice prevails!

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The cameras have been shut down and now if we can dismantle our unconstitutional code enforcement system things my start getting better;

At 2:30 p.m., Police Chief Doug Barthel announced that the automated system would be shut down indefinitely while the city awaits a final ruling in a 2006 lawsuit filed by Sioux Falls businessman I.L. Wiedermann.

This is a MASSIVE constitutional victory for the citizens of SF. Remember, this isn’t about running red lights and safety, this is about due process and your rights. You should be able to face your accuser in a court of law.

While I.L. Wiedermann is a little rough around the edges, I have defended him before, a week after he almost got thrown out of a council meeting, I showed up to the meeting and chastised the mayor about first amendment rights and told him and the council if they can’t take criticism they should resign. When I sat down, a plain clothes PO hovered over me, I turned around and gave him a dirty look, and he walked off. I.L. and Dan Daily have sacrificed a lot for our rights, and they deserve a big ‘Thank You’. Whether you agree or not, the US Constitution is there to protect you from big brother.

Get your Repeal Home Rule T-Shirts FREE!

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Home Rule T-shirts (100) wil be distributed free in Sioux Falls tomorrow (Thursday, July 1) between noon and 2PM at the city hall street corner (224 W. 9th).  They’re red-white-blue and in XL only.  Please wear them at city 4th of July events if you support 5th Amendment and SD Civil Procedures constitutional guarrantees Sioux Falls citizens are denied.

Another 10,000 will be perfected and sold on Ebay.  They’ll be $10 + SH for US residents (except South Dakota, free plus shipping & handling).  Proceeds go to Daily VS. City of Sioux Falls (Civ. 08-2478) legal expenses and state supreme court appeal.  Imperfect shirts will be distributed to homeless in Sioux Falls.

UPDATE: Daily vs. Sioux Falls

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The city has until July 1 when a 30 day right to appeal into State Supreme court kicks in.  They’re now represented by private council.  It’s a firm specializing in insurance litigation.  They’ve lost 2 lawsuits and are finding it hard to get/keep liability insurance.

Daily’s attorney has removed himself and the best appeals lawyer in the state has taken the case ‘Pro Bono’.  Mr. Dorothy still works as evidence assembler.  He rounded up new council from his contacts when he worked at the States Attorney’s Office in Pierre.  USD Law School is involved.  They’re doing ‘Pro Bono’ research.

It kinda sounds like if the city decides to appeal Caldwell’s decision they could be up shit creek without a paddle. Good thing they are raising the levees.

I have some required reading for the SF city council

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“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

This is the Fifth Amendment of the US Constitution, something that apparently some members of the SF city council are not aware of, even though they put their hand on a bible and swore to uphold it while taking the oath of office, but hey, details, details, details. Who needs the US Constitution when we can be safe?

“It’s unfortunate that the way it’s set up is in question, but I don’t think there’s any doubt that the corner is safer than it was before” said Council Member Vernon Brown. “It has saved lives.”

What was that famous quote by Benjamin Franklin?

“They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety.”

And it rings true today. There are many things you can do in that intersection to make it SAFE and CONSTITUTIONAL. Something that should have been done from the beginning is to allow DRIVERS to fight their accuser in a court of law.

At least Bob the Builder gets it;

“I’ve long suspected we were over-stepping our bounds a little bit,” Litz said. “It was only a matter of time.”

And Greggo seems to be confused about the role of the Supreme Court;

Council Member Greg Jamison hopes the South Dakota Supreme Court can reverse the decision, but the city will have to live with the results if that doesn’t happen.

Good luck with that. Last I checked it was the SC’s job to uphold the US Constitution and State Law. Better start living with those results.

New City Council Member Michelle Erpenbach is more concerned about safety than dollars, however. She just hopes the city can continue to use the cameras.

“Maybe we’re not doing things exactly right, but if it needs to be tweaked in some way, we’d better do it,” she said.

Damn right you should be concerned about safety. Trampling citizens rights has always proven to be quite UNSAFE. The city council’s lack of constitutional knowledge makes me worry about my own safety.