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Politics Court denies Kristi Noem's request to hold firework show at Mount Rushmore

02:25  03 june  2021
02:25  03 june  2021 Source:   washingtonexaminer.com

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A federal court on Wednesday denied South Dakota Gov. Kristi Noem's motion to hold a fireworks show at Mount Rushmore ahead of the Fourth of July after a monthslong fight.

Kristi Noem sitting on a stage © Provided by Washington Examiner

Chief Judge Roberto Lange of the U.S. District Court for the District of South Dakota concluded that a ruling in Noem's favor would constitute "improper judicial activism" as he insisted it is not the legal body's call to make.

"The United States would benefit immensely from greater unity in its efforts to continually form a more perfect union. So a national show of unity and celebration, such as a fireworks display at Mount Rushmore for Independence Day, is appealing," Lange said in a decision obtained by the Washington Examiner. "However, this Court is not called upon to determine whether such a fireworks display is a good idea."

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NATIONAL PARK SERVICE DENIES REQUEST FOR JULY FOURTH FIREWORKS AT MOUNT RUSHMORE ONE YEAR AFTER TRUMP EVENT

Noem's lawsuit, which names Secretary of the Interior Deb Haaland and National Park Service deputy director of operations Shawn Benge as some of the defendants, was filed after NPS denied the Republican governor's request to hold the Independence Day weekend display. Noem filed the lawsuit against the Biden administration in late April after the administration chose to forgo the celebration, which was first held during the last year of former President Donald Trump's time in the Oval Office.

“The Biden Administration cancelled South Dakota’s Mount Rushmore Fireworks Celebration on completely arbitrary grounds," Noem said in a Wednesday statement. "I am disappointed that the court gave cover to this unlawful action with today’s decision. But rest assured, this fight is not over. My legal team will appeal this incorrect decision so that we can return the Fireworks Celebration to Mount Rushmore and celebrate our nation’s birthday at America’s Shrine to Democracy for next year and in the future.”

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fireworks in the sky: FILE - In this July 3, 2020, file photo, fireworks light the sky over the Mount Rushmore National Memorial near Keystone, S.D. A federal judge on Wednesday, June 2, 2021 rebuffed South Dakota Gov. Kristi Noem's efforts to force the National Park Service to grant the state permission to shoot fireworks from Mount Rushmore National Memorial to celebrate Independence Day this year. (AP Photo/Alex Brandon File) Alex Brandon/AP © Provided by Washington Examiner FILE - In this July 3, 2020, file photo, fireworks light the sky over the Mount Rushmore National Memorial near Keystone, S.D. A federal judge on Wednesday, June 2, 2021 rebuffed South Dakota Gov. Kristi Noem's efforts to force the National Park Service to grant the state permission to shoot fireworks from Mount Rushmore National Memorial to celebrate Independence Day this year. (AP Photo/Alex Brandon File) Alex Brandon/AP

The court's decision followed intervention from the Cheyenne River Sioux Tribe that insisted judges lack the "subject matter jurisdiction and that the NPS's denial of the permit is not subject to judicial review," the lawsuit added.

At the time of the denial, NPS Regional Director Herbert Frost blamed the "risks" associated with the COVID-19 pandemic for the denial, though vaccination efforts were well underway. He also cited limited attendance requirements at the 2020 celebration, at which Trump delivered a speech, affected "tens of thousands" who could not visit the memorial or had their visit cut short.

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“Potential risks to the park itself and to the health and safety of employees and visitors associated with the fireworks demonstration continue to be a concern and are still being evaluated as a result of the 2020 event,” Frost wrote.

Last year, fireworks and Air Force jets provided a celebratory backdrop behind the iconic, stone-carved presidential figures in the Black Hills of South Dakota. Environmental concerns were dismissed following an NPS assessment.

Tags: News, Kristi Noem, Donald Trump, National Park Service, South Dakota, National Parks, Joe Biden, Fourth of July, Biden Administration

Original Author: Jake Dima

Original Location: Court denies Kristi Noem's request to hold firework show at Mount Rushmore

Former GOP Rep Says Trump Has 'Lost His Step,' Republicans Eyeing WH Will See Opening .
During an interview on Sunday with MSNBC, Jolly spoke about potential GOP candidates who have a shot at the White House, amid speculation that Trump may consider a run himself. Trump delivered remarks at the North Carolina GOP State Convention on Saturday evening."What I saw last night was a boxer who'd lost his step," Jolly said of Trump's appearance in North Carolina. "If you're Kristi Noem, if you're Ron DeSantis, if you're Mike Pompeo, I think you saw your opening last night.

usr: 1
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