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Anti-abortion group can use Rapid City school for event

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SIOUX FALLS - A group will be allowed to use a public school auditorium in Rapid City for an educational event in which "politically associated issues" regarding abortion will likely be discussed, according to a court filing.

The agreement from the Rapid City School District for the May 14 event at Dakota Middle School prompted Citizens For Life and its president, Allen K. Carlson of Rapid City, to drop a request for a preliminary injunction against the district over claims the group has been prevented from holding events at the school.

But the group's federal lawsuit against the district seeking a permanent injunction for that same reason remains active, though it now will follow a normal court schedule instead one that's expedited.

U.S. District Judge Karen Schreier was scheduled to hear arguments on the case April 14 in Rapid City. That hearing has been canceled, but Schreier gave both sides until then to meet and discuss whether the case can be settled without going to trial.

The complaint claims a school district policy that bars groups with political or religious viewpoints from using school buildings is unconstitutional because it violates the rights of free speech, association, exercise of religion and other guarantees.

Besides the district, defendants include Superintendent Peter Wharton; Dakota Middle School Principal Bradley Tucker; Ronald Mincks, former district assistant buildings and grounds supervisor; and Mike Kenton, former district buildings and grounds supervisor. Mincks and Kenton still work for the district.

The school district's lawyer did not immediately return a phone call Tuesday seeking comment on the new agreement.

Stephen Wesolick of Rapid City, the in-state attorney representing Citizens For Life, said though the request for a preliminary injunction was dropped, the underlying complaint will continue.

"We still have issues in the case," he said.

Another lawyer for Citizens for Life earlier accused the district and its officials of "viewpoint discrimination," meaning they barred the group from hosting activities at the school because of their opposition to abortion.

But in their response and answer to the lawsuit, the defendants denied the allegations and disputed Carlson's accusations and recollection of events.

The district's policy on community use of its buildings, attached to the complaint, allows use for "all nonprofit civic educational and charitable meetings or activities" as long as it doesn't conflict with district policies or the law.

Newly filed correspondence between both sides about possible event dates does not include whether the May 14 gathering is tied to a petition drive to force a public vote in November to ban most abortions. April 1 is the deadline to collect nearly 16,776 names of registered voters.

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