The Transparency Mirage: Why South Dakota’s “Elected Leaders” Choose Darkness Over Daylight

In South Dakota, we are told we live in a state of “personal responsibility” and “limited government.” But when a citizen tries to hold the most powerful arm of that government—Law Enforcement—accountable, they quickly discover that the doors are locked and the windows are barred.

Recently, I reached out to our elected leadership regarding a simple request: the ability for a citizen to view bodycam footage of a public interaction without being forced into a court battle. The response? Initial surprise, followed by a quick retreat into the safe, quiet “ghosting” of a constituent.

The Court-Ordered Barrier

South Dakota remains one of the least transparent states in the nation regarding police records. While other states treat bodycam footage as a public record that promotes trust, South Dakota treats it like a state secret.

The cost of a subpoena itself might only be $70. But that minor fee is a mirage. You can only get that subpoena if a court agrees to issue it.

That is the actual barrier. It means you must hire an attorney, convince a judge your need is valid, and enter the expensive, time-consuming maze of the legal system before you can access a simple video of a public event. This “Court-Ordered Barrier” is intentionally designed to stop the average citizen.

It’s not “backing the blue”—this is protecting the bureaucracy. If an officer acts with integrity, the footage proves it. If they don’t, the public has a right to know. By keeping this footage behind a legal wall, our leaders are ensuring that only those who can afford ongoing legal representation can access the “truth.”

The Call to Action: For Our Leaders

If you want to be more than just a placeholder in Pierre, we need you to act in the 2026 session.

• End the Subpoena Requirement: Amend state law to make bodycam and dashcam footage of public interactions available via standard public records requests, with reasonable redactions for privacy. The current system is an obstacle to justice.
• The “Duty to Respond”: We need legislation that penalizes elected officials and agencies that “ghost” legitimate constituent inquiries regarding government transparency.
• Anti-SLAPP Protections: Stop leaving citizens defenseless when they speak up about government overreach.

The Call to Action: For the Citizens

We cannot let “ghosting” be an effective political strategy.

• Demand the Receipt: If your representative stops answering, take the conversation to the public square. Share the emails they won’t answer.
• Stop Accepting “It’s the Law”: When a leader says, “That’s just the law,” remind them that they are the ones who write it. If the law is broken, their job is to fix it, not to hide behind it.
• Voted Accountability: 2026 is an election year. Do not vote for “transparency” in a campaign brochure; vote for the candidate who has actually signed on to transparency legislation.

South Dakota will only be the “Land of the Free” when it becomes the “Land of the Transparent.” It is time for our leaders to stop being “surprised” by our lack of rights and start restoring them.