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The following is released by
The Dakota Territorial Chairman's Council
Don Cetrulo [an investigator for the ACLU in the Dakotas working out of the Bismark office] researched and found the rider attached to House Bill # 385. As a result of a syllabus written by Diane Schafer Fleming [and sent] to the State Attorney General's Office on March 6, 1996 [regarding] this rider entitled Certification of Pastoral Counselors, the State Attorney General wrote an opinion OAG96-15 on March 5, 1996 (Atty. Gen. A.B. Chandler) [stating that] this legislation fails to state it has nonsecular application only [hence] conflicts with First Amendment Rights. [The rider] is currently under investigation by the ACLU.
This rider would permit the governor to appoint a panel of five people who would set the standards for determining who can practice as a social worker, counselor, pastor or Medicine Man. They would review all applications for certification, handle removal of certification and renewals, charging a fee for this service. This rider also sets restrictions on the number of people who can gather for public safety, sanitation and historic site preservation purposes.
In an earlier ruling the Eighth Circuit Court FOOLS CROW v. GULLET [706 F.2d 856] determined that the Sacred Hills (including Bear Butte) does not qualify for sacred site status and therefore falls under the jurisdiction of the Department of Parks and the State forest people, and the state transportation department.
The preceding documentation is [provided] courtesy of the Dakota Territorial Chairman's Council and the basis for the earlier URGENT request that was released over the internet requesting support for the free religious exercise on Bear Butte.
Dakota Territorial Chairman's Council
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