Judge Blocks South Dakota’s Attempt to Curb First Amendment — “A Victory for the People”
- Dakotans For Health
- Sep 3
- 3 min read
Updated: Sep 10
FOR IMMEDIATE RELEASE
Contact: Press Office
Dakotans for Health
605-610-8146
Federal Judge Strikes Down HB 1184, A Win for Direct Democracy and the First Amendment
September 3, 2025
SIOUX FALLS, SD – Rick Weiland, co-founder of Dakotans for Health, today praised U.S. District Judge Camela Theeler’s ruling that permanently blocks House Bill 1184, calling it “another clear rebuke of politicians who think they’re above the Constitution.”
“Let’s be clear. Once again, our state’s Republican supermajority tried to rig the rules to keep everyday South Dakotans from having a voice in their own government,” Weiland said. “And once again, a court sent them packing.”
HB 1184, passed in March, moved the deadline for filing citizen-led ballot initiatives from May back to February—nine months before an election, and in the dead of South Dakota winter. Judge Theeler ruled the law unconstitutional, permanently enjoining Secretary of State Monae Johnson from enforcing it.
“This isn’t complicated,” Weiland continued. “Direct democracy is part of South Dakota’s DNA. Our people put the initiative and referendum into the state constitution back in 1898, and we’ve been using it ever since to hold the powerful accountable. Every time the Legislature tries to take that away, the courts strike them down. Maybe now they’ll finally get the message.”
Weiland added that the ruling protects the ability of citizens to petition their government on issues like health care, education, and constitutional reform — “things that matter when politicians stop listening.”
“At the end of the day, this isn’t just about deadlines or legal technicalities. It’s about whether the folks back home—the nurses, farmers, teachers, and small business owners—get a fair shot at shaping the laws we all live under. That’s what direct democracy is about. That’s why this ruling is such a victory for the people of our state.”
Dakotans for Health, along with co-founder Rick Weiland, filed suit on April 1, 2025, immediately after the Republican dominated Legislature passed HB 1184. The State has until September 29th to appeal Judge Theeler’s ruling to the United States Eighth Circuit Court of Appeals.
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Dakotans for Health Co-Founder Rick Weiland Explains Federal Lawsuit to local NBC Affiliate Dakota News Now
Here is some additional local coverage on our lawsuit:
About Dakotans for Health:
Dakotans for Health is a grassroots organization focused on healthcare and protecting the democratic process. The organization was instrumental in the successful 2022 campaign to expand Medicaid coverage to 52,000 low-income South Dakotans. Dakotans for Health will continue its efforts to ensure our neighbors have access to the care they need, no matter who they are, what they look like, or how much money they have.
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