BROOKINGS A new South Dakota law that affects how libraries handle complaints regarding materials came up for discussion at Tuesday nights Brookings City Council meeting.
Library Director Ashia Gustafson told councilors the law will necessitate changes locally. To that effect, she touched on how proposed Ordinance 25-024 will update the existing appeal process to comply with the new state law for starters, it loops the City Council into the appeal process.
That will happen if a library card-holding patron feels a materials complaint hasnt been adequately handled by library personnel, the library director and the librarys board of trustees. Then, if the patron feels the City Councils solution is lacking, the patron can take it to the courts.
Councilor Nick Wendell expressed his dismay with what he considers to be unnecessary red tape.
Its unfortunate that the Legislature and this codified law seems to believe that our library board and our board of trustees that have the most expertise in addition to our library staff would not be able to make thoughtful decisions when it comes to indecent materials that are in our public library, he said.
He added that he hopes if such an issue comes before the City Council, that council members would have access to training to aid them in their decisions.
Councilor Bonny Specker spoke up as well, asking how many review requests are received each year.
Gustafson said that in her time as library director over a 9.5-year span, one complaint was handled through the entirety of the process, with another that didnt finish the process. Long story short, 1.5 cases over a 9.5-year span.
Meanwhile, Councilor Wayne Avery had fiscal concerns, wondering if the city would incur legal expenses if its decision in a review case was appealed into the court system.
City Attorney Vince Jones said he didnt think there was much a precedent to go on as of now.
You are the body that has made the decision; youre the final step in the administrative review process, so at that point it would just proceed to the circuit court level, he explained. So, essentially, it would be I guess the question would be whether the city would be defending the process, and it kind of depends on how the question is, like what question is raised by the complainant.
Second reading and action on the ordinance is set for the City Councils Aug. 12 meeting.
New restaurant
Councilors learned that chef Matt Chapman will be opening Domellies in the space currently occupied by Wilberts Alehouse & Event Center at 929-931 25th Ave.
Its been a dream of mine to open my own place, he said. The opportunity sits right in front of me right there, so Im hoping that I can get approval for the liquor license transfer.
The council would do just that on a 6-0 vote with Councilor Holly Tilton Byrne absent transferring the on-off sale malt license from Dennis Bielfeldt, owner of Den Wil Hospitality Group, to Chapman. They also had identical votes on two other related matters resolutions authorizing City Manger Paul Briseno to enter into a 10-year on-off sale wine operating agreement and a 10-year on-sale convention liquor operating agreement, both with Chapman.
He takes over the facility on Aug. 1, and hopes to be open in the first week of September.
In other business on Tuesday night, councilors:
- On a 6-0 vote, approved changing the Brookings Human Rights Commissions mission from one of investigating, arbitrating or enforcing discrimination complaints to one more focused on providing support resources and guidance to community members who think theyve experienced discrimination.
- Heard first reading of an ordinance that would prohibit the presence of cannabis dispensaries in areas zoned as B2-A, which are intended to be for light commercial use or used as a transitional zone between commercial and residential areas.
- Heard first reading of an ordinance that would rezone various city properties to the Civic C District. Community Development Director Mike Struck said approximately 60 city-owned properties would be initially affected.
Contact Mondell Keck at [email protected].
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