What Is The Purpose of this "legal Class Action" ?


A Class Action Means: there are a whole group of people affected that are acting together jointly for a legal remedy that will fix and resolve the matter for all of those that are a part of and/or are "unwilling" victims of this type of action against their property by the city of Sioux Falls. The group must be recognized as a class action by the Federal Court which we know is difficult to do, and alternative methods may need to be used.
The purpose is to seek restitution and to putting an end however we can to this type of action happening to additional people, an action by bureaucracies that should not be permitted to continue if we are to consider this to be a free society.

We say the city ordinances are unconstitutionaly vague, ambiguous and over broad not only as written but in the way the city is applying them "arbitrarily and discriminatorily" however they please as harassment against property owners.

People who have a person or persons with a personal vendetta against them, are victims by this person simply call the City with some imagined complaint, (and enlist the city to harass) which supposedly then gives the City bureaucracy free reign to take snooping action to uncover something on their own (that has nothing to do with the imagined "called in" keying complaint,) and follow with any restrictive or "punitive" action they like, completely unrestrained by "reason".

An action that would not have been taken and this unconstitutional harassment even started had not the vengeful neighbor sought city help in stirring up problems for the property owner by making the "keying" phone call. In addition: No action is taken against similar property situations in the neighborhood, since no one "called" about them.

Vague or overbroad laws deter the constitutionally protected activity not only of the litigant, (full and free use of private property) but of third parties not before the court, and for that reason can be challenged facially. (as written) as well as how the officials are applying them.


The Sioux Falls ordinance in question unnecessarily interferes. (as written and as applied) with legitimate rights of Sioux Falls property owners and public to enjoy free and active use of property for which it was intended and licensed.

What is not an infringement upon public safety and is not a nuisance cannot be made one by using police powers to write a ticket.

Negating what the property was purchased for, has been used for, over 18 years amounts to an unconsitutional taking of property without compensation.

We will charge the Sioux Falls City ordinance and as applied are so vague and overbroad that it inhibits totally our use of our property in a normal manner.


The ordinance must be overturned as unconstitutionally overbroad, vague and ambiguous, for totally failing to provide a precise definition of what can be and what can not be conducted and/or defended.

We also charge the ordinance denies us "Due Process Protections".


The Due process part of the constitution requires that laws clearly define their prohibitions.
Vague laws are objectionable because they do not "give the person of ordinary intelligence a reasonable opportunity to know what is prohibited," they do not provide fair warning to those who wish to act lawfully. allowing for "arbitrary and discriminatory application." by agents of the government, which is what is exactly what is happening here.


Not only on the face, (the way it is written ) but also on the way it is used (applied) as harassment. touching here on rights protected by the constitution on owning and use of private property in Sioux Falls.


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