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. - --- MAP posted-by: Richard Lake