DAPL-Inspired Mask Bill, Trespassing Bill Pass Both Houses

maskedlady

KFYR-TV | Feb 21, 2017

Two Dakota Access Pipeline protest inspired bills are now headed to Governor Doug Burgum’s desk for final approval before becoming law.

A trespassing bill lawmakers say will ease the burden on the state’s justice system makes trespassing a violation, essentially the same as a minor speeding ticket, instead of a criminal offense.

The mask bill also finished the legislative process, but is much different than when it started.

It’s been amended to say wearing a mask is only illegal in the commission of a crime if the person is wearing it with the intent to harass or intimidate.

“This might be the only time the assembly hears me stand and say that we adopted an ACLU amendment to a bill. We did that in the House essentially. We want to make sure that we’re protecting everyone’s constitutional rights. This bill does that,” said Rep. Kim Koppelman, R-West Fargo.

The trespassing statute now mirrors the law Game and Fish uses to ticket trespassers.

[SOURCE]

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Attempted Murder Charges Against Red Fawn Fallis Dropped, Now Facing Federal Charges

red-fawn

Red Fawn Fallis.

Red Fawn transferred from Morton County to Stutsman County, ND.

By Red Power Media, Staff | Nov 29, 2016 | Updated Dec 3, 2016

Attempted murder charges were dropped in a North Dakota courtroom Monday against Red Fawn Fallis, accused of firing a gun at police during a Dakota Access Pipeline protest.

Fallis, 37, from Denver, who faced 20 years is now facing federal charges instead.

According to The Bismarck Tribune, Fallis was charged in U.S. District Court for the District of North Dakota with possessing a firearm as a convicted felon.

The mandatory maximum sentence if convicted is 10 years in prison.

Either the U.S. attorney will seek a grand jury indictment against her within two weeks, or she will have a preliminary court hearing Dec. 12.

The attempted murder charges filed against Fallis in Morton County were dismissed because of the federal case, according to court records.

The federal complaint alleges that Fallis fired two shots toward officers while being arrested Oct. 27, as law enforcement cleared the northern “front line” camp on N.D. Highway 1806.

According to the complaint, Fallis later told law enforcement she was trying to pull the gun out of her pocket and it went off when deputies jumped her.

Vice News reports, Police allege she resisted arrest by tucking her arms under her body, and in the struggle that ensued, they heard two gunshots ring out, and saw the ground near one officer’s left knee “explode.” Officers say they grabbed a gun from her left hand and handcuffed her.

She did not have the gun in her hand when police took her down, the affidavit states. But they believe she was able to get the gun when the officer let go of her left arm.

None of the officers said they saw her pull the trigger. One officer said in his affidavit that two shots were fired, while another said that three shots were.

On Monday, the U.S. government asked for Fallis to be held in detention, which she did not contest. A date for a bail hearing has not been set.

As Fallis faced the judge, Dakota Access Pipeline Protesters marched around the block of the Morton County Courthouse in Mandan chanting “Free Red Dawn.”

According to the Facebook page Free RedFawn, she has been transferred from Morton County to Stutsman County, ND.

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A banner declaring “Free Red Fawn” hangs at a protest camp against the Dakota Access Pipeline at Standing Rock, North Dakota. (Photo: Red Power Media)

Supporters have advocated on Fallis’ behalf since her arrest. Some have also suggested that Fallis was targeted by police. On social media her supporters are using the hashtag #FreeRedFawn. Standing Rock camps have rallied behind her as well. Large painted banners declaring “Free Red Fawn” hang throughout the camp.

Fallis still has open misdemeanor cases in Morton County, including three separate incidents in which she is charged with disorderly conduct, criminal trespass and maintaining a public nuisance in connection with pipeline protests.

If you’d like to learn more about Red Fawn Fallis and her defense please visit: https://www.generosity.com/fundraising/free-red-fawn 

You can also send Red Fawn money via inmatecanteen.com Stutsman County or a message of support via the inmate message line at (701)2512365.

Lastly you can write to her at:
Red Fawn Fallis
Stutsman County Correctional Center
205 6th st. SE, Ste 201
Jamestown, ND 58401

#FreeRedFawn

Dakota Access Pipeline Set To Begin Final Stretch, Mobilizing To Drill Under Missouri River

Standing Rock Sioux Tribe members and supporters confront bulldozers working on the Dakota Access pipeline in September. (AFP/Getty Images file photo)

Standing Rock Sioux Tribe members and supporters confront bulldozers working on the Dakota Access pipeline in September. (AFP/Getty Images file photo)

Dakota Access preparing for tunneling under Missouri River within weeks

By Red Power Media, Staff | Nov 09, 2016

Energy Transfer Partners, the operator of the Dakota Access Pipeline, is reportedly preparing to start construction on the final stretch of the $3.7 billion pipeline project.

Dakota Access released a statement last night, saying construction is now complete on both sides of the Lake Oahe crossing. The pipeline operator is moving equipment to prepare for the tunneling under Lake Oahe — a dammed section of the Missouri River north of the Standing Rock Sioux Reservation.

According to the release, Dakota Access expects to have fully mobilized all equipment needed to drill under the Missouri River within 2 weeks.

Federal regulators have not yet given the company the green light to start construction work. The pipeline operator is still awaiting an easement for land next to the lake, but the company said it “remains confident that it will receive the easement for these two strips of land adjacent to Lake Oahe in a time frame that will not result in any significant delay.”

Dakota Access also refuted a comment reportedly given by the U.S. Army Corps of Engineers that the company had agreed to slow construction.

Energy Transfer told Reuters that the Army Corps statement was a “mistake” and the Corps “intends to rescind it.”

In September, following protests by Environmentalists and Standing Rock Sioux tribe, the Army Corps asked Energy Transfer to voluntarily halt all construction activity within 20 miles east or west of Lake Oahe. But the company ignored the request and pressed on toward the Missouri River, arguing that they had received all the necessary permits and approvals from the Army Corps and did not intend to stop.

Watch Drone Footage of Dakota Access Pipeline Approaching Missouri River:

https://vimeo.com/189876726%20

On October 31, President Barack Obama said the Army Corps is considering a reroute of the Dakota Access pipeline in this area and will let federal agency regulatory processes “play out” in the next several weeks. It remains unclear how the pipeline could be rerouted if construction is already occurring up to the Missouri River and Lake Oahe.

The Standing Rock Sioux tribe, has long argued that the Dakota Access pipeline threatens sacred lands, cultural artifacts and will pollute water supplies.

Today, Forum News Service reported, staff from the North Dakota Public Service Commission have proposed a $15,000 fine for Dakota Access for potential permit violations after the company failed to notify the commission about cultural artifacts discovered in the pipeline route in Morton County on Oct. 17.

Map of the Dakota Access Pipeline Route

Map of the Dakota Access Pipeline Route

Lake Oahe, the body of water at the heart of the protests, straddles the border between North Dakota and South Dakota.

This last phase of construction will join the two already-completed sections of the pipeline.

On Nov. 7, Unicorn Riot documented active pipeline construction that could be seen from the main Oceti Sakowin encampment.

The Dakota Access pipeline is expected to be completed by the end of 2016.

UPDATE:

The U.S. Army Corps of Engineers renewed its call Wednesday, Nov. 9, for Dakota Access Pipeline (DAPL) to voluntarily stop construction near Lake Oahe, citing concerns for people involved with continued protests north of the Standing Rock Sioux Reservation.

“We are concerned over recent statements from DAPL regarding our request to voluntarily stop work, which are intended to diffuse tensions surrounding their operations near Corps-managed federal land until we have a clear path forward,” said Col. John W. Henderson, commander of the Omaha district, in a statement released late Wednesday.

Representatives from the Army Corps also have met recently with tribal officials and agreed to work proactively to defuse tensions between demonstrators and law enforcement, Henderson said.

“We again ask DAPL to voluntarily cease operations in this area as their absence will help reduce these tensions,” Henderson said.

Law Enforcement Shoot At Drone During Dakota Access Pipeline Protest

Less-than-lethal ammunition damaged the drone, which was then landed by its operator.

Less-than-lethal ammunition damaged the drone, which was then landed by its operator.

Drone shot, road reopens, more arrests at Dakota Access Pipeline protests

The Associated Press: Oct 24, 2016

Law enforcement officials fired at an unmanned aircraft and a group of Dakota Access pipeline opponents twice blocked a North Dakota state highway Sunday, capping a weekend of protests.

A helicopter helping monitor a protest against the four-state pipeline Sunday morning was approached by a drone in a “threatening manner,” the Morton County Sheriff’s Office said in a statement. An officer in the helicopter told law enforcement on the ground that the pilot and passengers were “in fear of their lives” and that the unmanned aircraft was going after them. Less-than-lethal ammunition damaged the drone, which was then landed by its operator.

Morton County Sheriff Kyle Kirchmeier said drones flying near protests and near where hundreds have been camping out in protest of the $3.8 billion pipeline are not being operated according to federal regulations and their investigations will be sent to the states attorney’s office for possible charges. Two people operating drones during the protests have already been charged.

Roadblocks

Also Sunday, protesters put up two roadblocks on State Highway 1806. The first, which went up about 2 p.m., was made of barbed wire, cars and later hay bales, tree stumps and logs. Law enforcement authorities spoke with protesters, and the blockade came down before 5 p.m. A second roadblock, made with vehicles, campers and a state Department of Transportation message board was still up as of 5:30 p.m. Sunday, the sheriff’s office said in a statement.

Highway 1806 was shut down in both directions during protest of Dakota Access Pipeline construction.

Highway 1806 was shut down in both directions during protest of Dakota Access Pipeline construction.

Texas-based Energy Transfer Partners is building the $3.8 billion pipeline, which crosses through North Dakota, South Dakota, Iowa and Illinois. Opponents worry about potential effects on drinking water on the Standing Rock Sioux’s reservation and farther downstream on the Missouri River, as well as destruction of cultural artifacts.

Arrests

Sunday’s demonstrations come after 126 people were arrested Saturday during a large protest at a pipeline construction site. More than 260 people have now been arrested since demonstrations began in August.

The sheriff’s office also said Sunday that 100 protesters have put up temporary structures, like tents, on private property along the pipeline construction route.

A protest organizer did not immediately respond to request for comment.

[SOURCE]