Pubdate: Fri, 12 Jan 2007
Source: Rapid City Journal (SD)
Copyright: 2007 The Rapid City Journal
Contact:  http://www.rapidcityjournal.com/
Details: http://www.mapinc.org/media/1029
Author: Scott Aust, Journal staff
Bookmark: http://www.mapinc.org/people/Bob+Newland
Bookmark: http://www.mapinc.org/mmj.htm (Marijuana - Medicinal)

PROPOSED POLICY FOR PETITIONERS LARGELY UNCHANGED

RAPID CITY -- After a year of wrangling with the petition-circulation 
policy at Rushmore Plaza Civic Center, the city council may end up 
leaving it basically unchanged.

The policy allows people to circulate petitions outside the building 
15 feet from entrances. It was challenged a year ago when Bob 
Newland, a petitioner seeking the legalization of medical marijuana, 
was arrested inside the civic center during the Black Hills Stock 
Show & Rodeo for refusing to circulate his petitions outside.  He was 
charged with failure to vacate, a misdemeanor.

A jury deadlocked in September over whether Newland should be allowed 
to circulate petitions inside the civic center.

Several times over the past year, the council discussed ways to allow 
petitioners inside the civic center but was unable to find an 
agreeable solution.

This week, the legal and finance committee approved two resolutions, 
one that clarifies existing policy and one that adds an exception for 
people with disabilities.

Alderman Sam Kooiker said he has "heartburn" about the petition 
policy but was even more concerned about not putting something in 
place to address issues regarding people with disabilities who want 
to petition.

"The issue I have is the same that I've had for months: that we 
should be able to find a way to allow zones within the civic center 
for petitioning," he said.  "That being said, I've learned by now to 
pick certain battles and leave other battles for another day."

The first resolution still prohibits circulating petitions within the 
civic center but does allow a petitioner inside as long as the person 
is in an area leased to a civic-center tenant with the tenant's permission.

Petitioning is allowed outside the civic center, but the resolution 
clarifies that the petitioner must be 15 feet or farther away from 
any of the building's entrances.

The second resolution allows deviation from existing petition policy 
when a person with a disability could not otherwise comply. The 
disabled petitioner could request in writing a reasonable 
accommodation or modification at least 10 days before an event.

The person also must provide a letter from a medical doctor 
documenting the disability and stating that the person would not be 
able to comply with the existing petition policy because of their 
disability. The civic center manager or a designee would process 
requests and determine whether it is reasonable. If not, the person 
could be offered an alternative that would still allow petitioning.

The city attorney's office had recommended delaying action on the 
disability resolution until the city's disability committee reviewed 
it and made a recommendation. But Kooiker said the council should 
approve it now, knowing that it could be modified later if necessary.

"I don't believe this is a broad loophole or anything; this is 
something I believe is a reasonable accommodation," he said.

Alderman Bill Okrepkie had also hoped there could be a way to 
accommodate petitioners inside the civic center, but said he didn't 
want to "put an oar in the water" on the issue.

The committee's decision won't be final unless the full council 
agrees to act on it Monday. 
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MAP posted-by: Richard Lake