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Hot Springs council denies highway permit for planned Oct. 17 protest march
Summary
After a lengthy public discussion about safety, timing and logistics, the Hot Springs City Council declined to grant permission for a permit to occupy U.S. Highway 385 for a planned Oct. 17 march and rally organized by Richard Richards Jr.
The Hot Springs City Council on Oct. 6 declined to give permission for an application that would let organizer Richard Richards Jr. stage a peaceful march along U.S. Highway 385 between the county courthouse and the Mueller Center on Oct. 17. The motion before the council was phrased as approval for the applicant to take the South Dakota Department of Transportation permit to occupy the state right-of-way; the council voted against the request on content-neutral grounds related to public safety and scheduling.
Richard Richards told the council he planned a peaceful march and a follow-up program at the Mueller Center to call attention to alleged mistreatment of veterans, Native Americans and other community members in the local justice system. "We just want to reserve our right to free assembly and to free speech," Richards said during his presentation, and he described plans for drum groups, elders and unarmed volunteer marshals to help keep participants safe.
Council members, the city attorney and the police chief raised practical concerns about the short timeline, traffic disruptions on the town's single main thoroughfare and the ability to staff traffic control. Hot Springs Police Chief (Chief Norton) said the department had not been contacted earlier to coordinate and that 11 days' notice posed a "logistical nightmare" for arranging personnel, mutual aid and traffic control on a mile-long route. Council members expressed particular concern for marchers' safety and possible disruption to local businesses.
In a roll-call vote the council recorded one yes (Councilmember Craig Romy), five no votes (Councilmembers Bill Lukens, Gary Telkamp, Linda Varvall, J.R. Huddleston and Dave Burris) and one abstention (Randy Graham); the motion failed. The mayor and staff clarified that Richards could still hold an event at the Mueller Center even if the street-occupation request was denied, and staff encouraged the organizer to work with the police department and return with more lead time if he wished to resubmit an application.
Why it matters: The item brought together First Amendment considerations and public-safety responsibilities. The council's denial was explicitly based on time, place and manner factors such as the short notice and the city's limited public-safety staffing, not on the content of Richards's message.
