SOUTH DAKOTA ACTIVIST PLAYBOOK

South Dakota Action Guide

State-Specific Tactics to Restore Police Radio Transparency

South Dakota's two largest cities—Sioux Falls and Rapid City—encrypted their police radios in November 2023. In a state already known for limited government transparency, this blackout demands immediate action. This guide gives you the tactics to fight back.

South Dakota's Encryption Landscape

Understanding the current state of scanner access

On November 13, 2023, law enforcement in South Dakota's two biggest communities went dark. The Sioux Falls Police Department, Rapid City Police Department, Minnehaha County Sheriff's Office, and Pennington County Sheriff's Office jointly announced that public scanner access would end.

This is particularly concerning because South Dakota already has some of the weakest government transparency laws in the nation. Police reports are not public records in South Dakota, making scanner access one of the only tools for monitoring police activity. The encryption decision removes this last window into law enforcement operations.

2 Major Cities Encrypted
Nov 2023 Encryption Date
$5.1M State Radio Upgrade

South Dakota Encryption Timeline

2022 FBI CJIS policy requiring encryption capabilities goes into effect
Nov 2023 Sioux Falls PD, Rapid City PD, and county sheriffs encrypt simultaneously
2024 Sioux Falls Fire and Minnehaha County Fire also switch to encryption
Now Advocacy needed to restore transparency through legislation or policy change

Key South Dakota Contacts

The people who can restore transparency

State Government

Governor Larry Rhoden

Executive Leadership

Why Contact: Governor Rhoden assumed office in January 2025 after Kristi Noem became DHS Secretary. A new administration presents opportunities to establish new transparency priorities.

  • Office: 500 East Capitol Avenue, Pierre, SD 57501
  • Phone: (605) 773-3212
  • Website: governor.sd.gov
Ask: "Will your administration support media access to encrypted police radio communications to preserve accountability?"

South Dakota Attorney General

Open Records Authority

Why Contact: The AG's office oversees open records disputes and can provide guidance on transparency requirements.

South Dakota Legislature

Legislative Action

Why Contact: State legislators can introduce transparency legislation requiring media access to encrypted police communications.

Ask: "Will you sponsor legislation requiring encrypted police agencies to provide media access to radio communications, similar to Colorado's HB21-1250?"

Local Government

Sioux Falls City Council

Local Policy

Why Contact: The City Council oversees the Sioux Falls Police Department and can direct policy changes regarding transparency.

Rapid City Common Council

Local Policy

Why Contact: The Common Council oversees the Rapid City Police Department and can establish media access policies.

Media & Press Organizations

KELO-TV

CBS Affiliate - KELOLAND

Why Contact: KELO-TV is the dominant news station in South Dakota, covering the entire state. They rely on scanner access for breaking news coverage.

Argus Leader

State's Largest Newspaper

Why Contact: The Argus Leader is South Dakota's largest newspaper and has covered the encryption issue. They have investigative resources.

The Dakota Scout

Investigative Journalism

Why Contact: The Dakota Scout published the comprehensive investigation "Going Dark" about South Dakota's encryption decision.

South Dakota Searchlight

Nonprofit News

Why Contact: South Dakota Searchlight is a nonprofit newsroom focused on state government accountability.

South Dakota Open Records Requests (SDCL 1-27)

Use the state's open records law to document encryption decisions

South Dakota Codified Law (SDCL) Chapter 1-27 establishes that all records of public agencies are public records open to inspection. While South Dakota has weaker transparency laws than many states, you can still use SDCL 1-27 to request documents about encryption decisions.

South Dakota-Specific Records Request Templates

Template 1: Scanner Harm Documentation

Purpose: Prove there's no evidence scanner access has harmed officers

Pursuant to South Dakota Codified Law (SDCL) Chapter 1-27, I request copies of the following records:

  1. All documented incidents, reports, or investigations where public access to police radio scanner communications resulted in:
    • Injury or harm to any officer or personnel
    • Compromise of any tactical operation
    • Flight or escape of any suspect
    • Interference with any emergency response
    for the period January 1, 2015 through November 13, 2023 (the date of encryption).

If no responsive records exist, please provide written confirmation of that fact.

I request a fee waiver as this request is in the public interest under SDCL 1-27-36.

Template 2: Encryption Decision Documents

Purpose: Understand how the encryption decision was made

Pursuant to South Dakota Codified Law (SDCL) Chapter 1-27, I request copies of the following records:

  1. All internal communications (emails, memos, meeting notes) regarding the November 2023 decision to encrypt police radio communications.
  2. Any city council, county commission, or public meeting agendas and minutes where radio encryption was discussed.
  3. All correspondence with the FBI, DHS, or other federal agencies regarding encryption requirements or the CJIS Security Policy.
  4. Any cost analyses, vendor contracts, or budget documents related to the encryption implementation.
  5. Any media access policies or proposed alternatives to full encryption that were considered.

Template 3: Alternative Access Documentation

Purpose: Document what alternatives exist for public access

Pursuant to South Dakota Codified Law (SDCL) Chapter 1-27, I request copies of the following records:

  1. All policies and procedures regarding the online police call log referenced by Sioux Falls PD as an alternative to scanner access.
  2. Any analysis comparing the timeliness and completeness of the call log versus real-time scanner access.
  3. Any policies regarding media requests for access to encrypted radio channels or recordings.
  4. Any consideration of delayed release, transcript access, or other transparency alternatives.

South Dakota Open Records Tips

  • Response time: Agencies must notify you within 7 business days if records aren't in their custody; provide records within 30 calendar days
  • First hour free: Agencies cannot charge for the first hour of staff time to fulfill a request
  • Fee waiver: Fees may be waived if in the public interest under SDCL 1-27-36
  • Appeal process: Disputes go to the Office of Hearing Examiners (SDCL 1-27-38 through 1-27-43)
  • No purpose required: You don't need to explain why you want the records

Major City Encryption Status

Current scanner access in South Dakota communities

Sioux Falls

Encrypted

Sioux Falls PD encrypted November 13, 2023. The city points to an online call log as an alternative, but it lacks real-time detail.

Rapid City

Encrypted

Rapid City PD encrypted November 13, 2023. Chief Don Hedrick cited criminals using scanners as justification.

Minnehaha County

Encrypted

Minnehaha County Sheriff's Office encrypted alongside Sioux Falls PD. Fire/EMS also now encrypted.

Pennington County

Encrypted

Pennington County Sheriff's Office encrypted alongside Rapid City PD. EMS and Fire initially remained open.

Note: Smaller South Dakota communities may still have open police communications. Check RadioReference.com for current status by county.

Take Action Now

Concrete steps to restore transparency

1
File Public Records Requests

Request scanner harm documentation from Sioux Falls PD and Rapid City PD. A "no records" response proves their justification was unfounded.

2
Contact Your State Legislators

Use sdlegislature.gov/Legislators to find your representatives. Ask them to sponsor transparency legislation.

3
Contact Governor Rhoden

The new administration presents an opportunity for new priorities. Ask for executive support for media access policies.

4
Attend City Council Meetings

Sioux Falls City Council and Rapid City Common Council can direct policy changes. Speak during public comment about transparency.

5
Support Investigative Journalism

Share tips with the Argus Leader, Dakota Scout, and South Dakota Searchlight. Investigative coverage builds public pressure.

6
Document the Impact

Keep records of incidents where encryption prevented timely information. Personal stories are powerful advocacy tools.

Sample Phone Script for Legislators

"Hi, my name is [NAME] and I'm a constituent from [CITY]. I'm calling to ask [SENATOR/REPRESENTATIVE NAME] to support legislation requiring media access to encrypted police radio communications.

In November 2023, Sioux Falls and Rapid City encrypted their police radios, blocking all public access. South Dakota already has some of the weakest government transparency laws in the country—police reports aren't even public records here. Scanners were one of the last ways the public could monitor police activity.

Colorado passed HB21-1250 requiring media access to encrypted channels. South Dakota needs similar legislation to preserve accountability. Will [SENATOR/REPRESENTATIVE NAME] support this?"

South Dakota Resources & Links

Everything you need for your advocacy campaign

Government Resources

News Coverage

Activist Playbook

Case Studies

Take Action for Transparency

Your voice matters. Here are concrete ways to advocate for open police communications in your community.

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Contact Your Representatives

Use our templates to email your local officials about police radio encryption policies.

Get Started
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Read Case Studies

See how encryption has affected real communities - from Highland Park to Chicago.

View Cases
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Spread Awareness

Share evidence about police radio encryption with your network and community.

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See the Evidence

Review the facts, myths, and research on police radio encryption.

View Evidence
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Public Testimony

Learn how to speak effectively at city council and public safety meetings.

Prepare to Speak
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Download Resources

Get FOIA templates, talking points, and materials for advocacy.

Access Toolkit