South Dakota considers bill to criminalize librarians who provide ‘obscene' materials
South Dakota Rep. Bethany Soye, R-Sioux Falls, testifies to a legislative committee on Jan. 17, 2025, at the Capitol in Pierre. Soye is the sponsor of a bill that would criminalize schools, universities, museums, libraries and their employees for allowing children to view material defined in state law as obscene or harmful to minors. (Joshua Haiar/South Dakota Searchlight)
A South Dakota legislative committee advanced a bill Wednesday at the Capitol in Pierre that would subject schools, universities, museums, libraries and their employees to criminal prosecution and jail time for allowing children to view material defined in state law as obscene or harmful to minors.
An opponent of the bill said it would put 'librarians in handcuffs' for lending a book to a child that some adults might consider inappropriate. One member of the House Education Committee who voted in favor of the legislation, Rep. Travis Ismay, R-Newell, suggested an arrest might be insufficient punishment.
'If a librarian rented this out to my son or daughter, you'd be lucky if you got hauled out of there in handcuffs,' Ismay said. 'So, yes, if they're breaking the law anyway, why would we have any problem with librarians getting hauled out of the library in handcuffs?'
Ismay and other committee members who voted for the bill focused some of their comments on the book 'Tricks,' which is marketed as a young adult novel from author Ellen Hopkins about five troubled teenagers who work as prostitutes. Several supporters of the bill criticized the book in their testimony as inappropriate for children and said it's available in many high school libraries in the state. They said parents have had difficulty convincing local school administrators and school boards to remove such books from school library shelves.
… If they're breaking the law anyway, why would we have any problem with librarians getting hauled out of the library in handcuffs?
– South Dakota Rep. Travis Ismay, R-Newell
Opponents of the bill said criminalizing the lending of a book with a class one misdemeanor is an out-of-proportion response to concerns about a book's content. Eric E. Erickson, a lobbyist for the South Dakota Library Association, said that's the same class of punishment applied to hiring a prostitute and committing simple assault, with a maximum penalty of one year in jail and a $2,000 fine.
'Locking up our librarians, our professors, our teachers, our museum curators is not the answer,' Erickson said.
Other bill opponents said some parents may not like the local procedures available to request the removal of a book from a school library, but those procedures are the appropriate venue for complaints. Rep. Mike Stevens, R-Yankton, who voted against the bill, said parents unhappy with the outcome of those procedures already have the ability to file a lawsuit.
Stevens sponsored a bill adopted by the Legislature last year that requires public schools and libraries to publish their policies for restricting minors from accessing obscene materials. He said that requirement, which took effect on Jan. 1 this year, is a better approach to the problem than the bill endorsed Wednesday by the committee.
The sponsor of the new bill, Rep. Bethany Soye, R-Sioux Falls, said last year's bill is ineffective because of the existence of another state law. That law exempts schools, colleges, universities, museums, public libraries and their employees from prosecution for disseminating material harmful to minors and related offenses. Soye's bill would repeal that exemption.
State law defines material harmful to minors as any description or representation of nudity, sexual conduct, sexual excitement or 'sado-masochistic abuse' if it predominantly appeals to a 'prurient, shameful or morbid interest,' is patently offensive to prevailing standards about suitable material for children, and is without 'serious literary, artistic, political, or scientific value.'
Soye said the protection for material with 'literary, artistic, political, or scientific value' is sufficient.
'This is not a ban on any books,' she said. 'If, specifically, we're talking about a public library, you can still have the books. Adults, obviously, can read anything they want. We're just saying this is material that's harmful to minors, so you can't check it out to a minor.'
Opponents of the bill said it would infringe on free speech and subject employees of the targeted institutions to prosecution for making subjective decisions.
'Many people will have a fundamental disagreement on what is defined as obscene,' said Sandra Waltman, of the South Dakota Education Association. 'Often it comes down to a difference in values — something that should not be criminalized.'
The committee voted 10-5 to send House Bill 1239 to the full House of Representatives.
This story was originally produced by the South Dakota Searchlight which is part of States Newsroom, a nonprofit news network, including the Daily Montanan, supported by grants and a coalition of donors as a 501c(3) public charity.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Yahoo
11 hours ago
- Yahoo
Another man found dead in his cell at South Dakota State Penitentiary
People hold signs at a protest on May 23, 2025, at the South Dakota State Penitentiary in Sioux Falls. (John Hult/South Dakota Searchlight) The state is investigating another death in Department of Corrections custody. Nicholas Skorka, 42, died at the South Dakota State Penitentiary on Tuesday, according to a press release. The release did not list a cause of death for Skorka. He is the 10th person to die in the department's custody this year and the fourth that will be subject to scrutiny by the state Division of Criminal Investigation, the investigative arm of the Attorney General's Office. 10 injured in prison violence days after protests over security and inmate treatment The death certificate for one of the investigated cases, that of 20-year-old Anthony Richards, lists the cause of his February death as an overdose of 'synthetic cannabinoid 5F-ADB,' a drug sometimes referred to as K2. Two other inmates, 39-year-old Jason Garreau and 24-year-old Joshua Arrow, died days apart late last month. Arrow's official death certificate has yet to be filed; Garreau's was filed last week and lists methamphetamine toxicity' as his cause of death. Wednesday's release did not say if Skorka's death is being investigated as drug-related. An autopsy for Skorka, whose body was found in his cell, will take place Thursday. 'DCI will do a thorough investigation, and we will determine what additional action is needed pending the results of that investigation,' Attorney General Marty Jackley said in the release. On May 29, Department of Corrections spokesman Michael Winder sent a notice saying the department had busted a drug ring at the penitentiary. Its staff seized shipments of drugs intended for delivery to Sioux Falls inmates via the mail and parcels delivered by visitors to inmates. 'If the results of the investigation warrant prosecution,' that day's news release said, 'criminal charges will be sought.' Jackley's spokesman Tony Mangan told South Dakota Searchlight on Wednesday that no charges have been filed for actions tied to the drug ring or in-custody deaths. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
2 days ago
- Yahoo
Inmate training program shelved while prison construction talks continue
Participants in a welding program for minimum security inmates are pictured at Southeast Technical College in Sioux Falls on Oct. 7, 2024. (John Hult/South Dakota Searchlight) The South Dakota Department of Corrections will not offer a promised diesel mechanic training program in a space once occupied by a privately run metal shop that paid inmates market wages. Last August, the DOC and Southeast Technical College got approval from the state Board of Technical Education to expand the college's diesel program into the maximum security Jameson Annex in Sioux Falls. Training inmates to fix diesel engines would 'create opportunities within our community to meet the workforce needs of trades careers,' according to the school and the department's application to the board. The application anticipated an August 2025 opening. Private employers say they were pushed out of state prisons Corrections spokesman Michael Winder told South Dakota Searchlight last week, however, that the school was unable to secure funding to purchase the equipment needed to operate the program inside the Sioux Falls prison. Jennifer Lambley of Southeast Tech said ongoing debate about the potential construction of a new prison was partially to blame for the decision to freeze talks on the diesel program. The school had been in discussions with the nonprofit Vera Institute of Justice on potential funding. 'We believe it's important to pause and more deeply consider how this initiative fits into South Dakota's broader plans for addressing long-term prison infrastructure and programming needs,' Lambley said. Winder and Lambley both said that the school and DOC still aim to expand programming for inmates eventually. 'We remain fully committed to providing high-quality, workforce-relevant education to individuals in custody,' Lambley said. The diesel engine program was set to fill the now-empty space occupied for more than 20 years by Metal Craft Industries, a company that says it was pushed out of the prison system by administrators. Corrections Secretary Kellie Wasko said the company left voluntarily to avoid adhering to newer, stricter security protocols. The owner of another private business that had employed female inmates in Pierre, Badlands Quilting, also accused the state of pushing it out the door last year. The shuttered metal shop's status came up briefly during a meeting of the Project Prison Reset group last week in Pierre. Consultants with the firm Arrington Watkins said the shop was empty when they toured the Jameson Annex of the South Dakota State Penitentiary in Sioux Falls a few months ago. The work group is focused on building options that might relieve inmate overcrowding, but its members have also focused on repeat offense rates, reentry programming, job training and post-incarceration placement. Many task force members and members of the public who've appeared at the meetings have argued that the state needs to do more to improve the chances for inmates who return to their communities after serving a sentence if it ever hopes to address long-term growth in prison populations. Last week, the group voted to cap spending on a new prison at $600 million. That's less than the consultants suggested would be necessary to build one big enough to meet current needs and address future growth projections. Sen. Jamie Smith, D-Sioux Falls, lamented that the cap could hamstring efforts to design a facility capable of training current inmates to become rehabilitated, contributing members of their communities. Smith didn't mention Metal Craft Industries last week, but the controversy surrounding its departure sparked a host of questions from lawmakers last year on the role of work programs within the DOC. Inmates at Mike Durfee State Prison work for the Governors Home program, which builds houses, duplexes and day cares for people under certain incomes and communities that meet certain guidelines. The state also operates a handful of shops under the banner of Pheasantland Industries, including an upholstery shop that outfits prison cells and a sign shop that prints license plates and road signs. Metal Craft and Badlands Quilting paid inmates market wages. Some inmates paid off their restitution and child support with their Metal Craft paychecks, and employees of both private businesses paid room and board to the state. Most prison jobs, by contrast, pay about 50 cents an hour. During previous Project Prison Reset meetings, inmates and their family members said extended lockdowns across the system have served as an impediment to job training programs, kept shops from running full-time and otherwise hindered inmates' opportunities to better themselves. 'There's classrooms in here that sit empty half the time,' inmate Samuel Lint told the group through a cell phone in early April. Prison task force rejects original Lincoln County site, tightens budget for new facility Programs that train inmates outside prison walls have had success, though. Twelve minimum custody inmates graduated with welding certificates from Southeast Tech last fall, adding to the 57 who'd completed the training since 2022. The welding certificate program is funded with help from the state Department of Labor. Past cohorts have had an average graduation rate of more than 80% and a similar job placement rate, an announcement on the fall graduation said. The money from the Labor Department covered the cost of books and equipment for inmate students. Dawn Dovre, spokesperson for the department, told South Dakota Searchlight in an email that part of the funding is from the U.S. Department of Labor. 'As always, if there are changes to these programs or budgets nationally, adjustments to service delivery will be made,' Dovre said. The Department of Corrections also offers Career and Technical Education courses in precision machining for male offenders at Mike Durfee State Prison in Springfield through Lake Area Technical College. That program didn't field a cohort in the spring, according to Tiffany Sanderson, Lake Area's president, but not for a lack of funding. The former instructor left last fall, and Sanderson said it's been hard to fill that position. Offenders at the Rapid City Minimum Center can enroll in a plumbing course at Western Dakota Technical College. That school's spokesperson told South Dakota Searchlight that five inmates graduated from the course this spring. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
2 days ago
- Yahoo
Lawmakers disagree over medical marijuana picks
PIERRE, S.D. (KELO) — There was friction aplenty on Monday about should be on the latest version of the South Dakota Legislature's Medical Marijuana Oversight Committee. Just three of panel's 11 members will be returning from last year's group — medical doctor Francine Arneson of Sioux Falls, addiction counselor Kristi Palmer of Sturgis and Sioux Falls police chief Jon Thum. Teen sentenced to 20 years for fentanyl death The Legislature's Executive Board makes the appointments. Lawmakers voted 15-0 for the first nominee, Republican Sen. Lauren Nelson with no discussion. But after that, there was a lot of disagreement. The appointment of Republican Sen. John Carley went through 9-6, with nays from Republican Rep. Mellissa Heermann, Republican Rep. Brian Mulder, Republican Sen. Randy Deibert, Republican Sen. Steve Kolbeck, Democratic Sen. Liz Larson and Democratic Rep. Erin Healy. The dissension further surfaced when Healy nominated Republican Rep. Terri Jorgenson. Republican Rep. Scott Odenbach called for Republican Rep. Josephine Garcia instead. Odenbach, the House Republican leader, said he had conversed by text with several applicants from the House and they eventually settled on Garcia and Republican Rep. Travis Ismay as those applicants' preferences. Garcia went through on a 9-6 vote, drawing nays from the same lawmakers as Carley had. Odenbach next nominated Ismay, who has repeatedly tried to derail South Dakota's medical marijuana program, after nearly 70% of voters approved it in the 2020 election. 'There's no doubt Representative Ismay is a passionate person on this issue,' Odenbach said. Healy said she didn't want to appoint someone opposed to medical marijuana. Emmett Reistroffer, representing Genesis Farms, a medical marijuana producer with retail outlets in various communities, spoke against Ismay's appointment. Reistroffer claimed that Ismay has used profanity at times in describing the medical marijuana industry and wouldn't meet with its lobbyists. 'We just feel this nomination is not appropriate,' Reistroffer said. Healy reminded other Executive Board members that it was up to the board to make the appointments. 'Ultimately, we are here for a reason and we need to make the best decision that we can,' she said. Kolbeck noted that the Legislature a few years ago came up with the current slots for the committee when some lawmakers were trying repeal the program altogether. 'It's how it should run,' Kolbeck argued, saying the board shouldn't appoint someone who isn't willing to respect the voters' wishes. Mulder then nominated Republican Rep. Bobbi Andera instead. Republican Sen. Tom Pischke said Andera was very busy with other things in her life and questioned whether she didn't apply because 'she doesn't have the bandwidth to serve' on the panel. Both Mulder and Republican Rep. Aaron Aylward said they had texted with Andera last week and she confirmed her interest. Reistroffer, representing Genesis Farms, told the lawmakers he was 'relieved' to hear Andera's name, describing her as 'fair' and said she 'listens.' He added that she was the only legislator to attend the medical marijuana industry's briefing earlier this year and said she sometimes voted yes and sometimes voted no on their proposals. Odenbach said he thinks well of Andera but she didn't apply and he said that was why he would vote against her. The board's chair, Republican Rep. Jon Hansen, the House speaker, said he had promised to support Ismay's nomination but also thought that Andera would make a great member. Republican Sen. Ernie Otten also said he couldn't support Andera. 'Without any application no,' he said. Andera nonetheless was appointed 10-5, with nays from Republican Rep. Spencer Gosch, Odenbach, Republican Sen. Jim Mehlhaff, Otten and Hansen. The board voted 11-4 for Dr. Arneson, with nays from Gosch, Hansen, Mehlhaff and Republican Sen. Chris Karr, the Senate's top member. The skirmishing seemed to have ended with 15-0 votes for physician assistant Andrew Schock of Hill City, certified nurse practitioner Julie Bostic of Hartford, police chief Thum, Meade County Sheriff Pat West and counselor Palmer. But the board split again on who should serve as the committee's qualifying patient — someone who is a current cardholder. Karey Entwisle of rural Canistota drove to the meeting at the Capitol accompanied by her father, a U.S. Marine who served two tours in Vietnam a half-century ago and now suffers from kidney disease. She wanted the qualifying patient seat. Mehlhaff questioned whether Entwisle had a conflict of interest because her husband operates Pitbull Acres, a state-licensed cultivator of medical marijuana. Entwisle minimized her role there. 'I'm strictly by the books providing facts,' she said. However, research after the meeting by KELOLAND News of public records on file with the South Dakota Secretary of State office found only her name listed as organizer for Pitbull Acres. Entwisle spoke of her father, who was in a wheelchair. 'This plant has been healing him,' she said. Mehlhaff asked her again how she would compartmentalize the roles of qualifying patient and spouse of a licensed cultivator. 'I am focused on the facts and the situation,' she replied. Karr wanted someone else. He offered Nicholas Cardova instead, saying, 'I just think it's cleaner to avoid any potential conflicts.' The majority of board members disagreed, splitting six for and nine against Cardova. Reistroffer, from Genesis Farms, was invited to the witness mic to address the board a third time. He said he'd gotten to know Entwisle during the past year. 'Clearly she supports the relief her father is finding,' he said. Then Reistroffer spoke from a broader perspective. 'This entire (medical marijuana) committee is stacked from top to bottom. She's the only one we've got,' he said. Mehlhaff said it was important that Entwisle had addressed the conflict question. 'I think she would be a good candidate,' he said. He had served on the panel the past two years and clearly wasn't a supporter of some of the ways that the medical marijuana industry conducts business in South Dakota. Mehlhaff said it was easy for medical marijuana to bleed over to recreational marijuana and he was 'comfortable' that Entwisle would try to minimize that as much as possible. With that, the board voted 14-1 — with only Karr saying nay — for her appointment. In other appointments on Monday, the board chose: Circuit Judge David Wheeler, a former senator from Huron, to fill an opening on the state Code Commission; Brett Koenecke, from the May Adam law firm in Pierre, and Thomas Geu, a former dean at the University of South Dakota law school, to continue serving on the national Uniform Law Commission; and Michael Anderson of Watertown to the state Investment Council. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
