Pennington County Bans Sex Offender Turned Petition Pimp from Courthouse

Last updated on 2014.12.30

In 1986, Dallas R. Krausch was convicted of sexual contact with a twelve-year-old female. For this heinous crime, Krausch now lives with the following restrictions on his liberty:

1. His name, photograph, and address are listed on the state sex offender registry, subjecting him to unwelcome snooping, notoreity, and public scorn (not that scorn for violating a twelve year old isn't warranted).
2. He must check in with law enforcement every six months.
3. He must report any change in employment or school enrollment to law enforcement.
4. He may not live or loiter within 500 feet of any school, public park, public playground, or public pool, making it practically impossible for him to live in many South Dakota communities.
5. He may not vote. [corrrection! Mr. Gerlach points out below that only felons sentenced to time in the penitentiary lose their right to vote, and we re-enfranchise them after they've served their sentence. I regret the misreading of state law.]

For Krausch and other sex offenders we codify a raft of restrictions that last well beyond whatever jail time they may serve. As the father of a little girl, I can understand the desire to kick such sickos in the nuts every day. But as a firm believer in the Constitution, I wonder if such lifetime punishment amounts modern stocks and pillories that violate the 8th Amendment. (See my previous commentary on sex offender registries here and here.)

That's why comments like this bother me:

"Get them off the street. Now," said [grandmother Theresa] Osterberg.

"People want to keep their kids away from people like [Krausch]. They've already been criminally charged for things like this. They should have some rights taken away...like approaching people outside the courthouse or gathering petitions," said Trevor Field [PJ Randhawa, "Sex Offender Banned from Petitioning on County Property," KOTA News, 2011.11.01].

Rights taken away—already done, Trevor. Off the street—and what, Theresa? Lock the man up for life while men who have killed walk free?

The Pennington County Commission has decided it has the authority to take away one more right from Krausch: his right to petition. On Tuesday, the commission voted 4-1 to ban Krausch from circulating petitions on county property. The commission heard complaints from courthouse workers and from 7th Circuit Judge Jeff Davis that Krausch "accosts" and intimidates folks coming into the courthouse and is overly aggressive in his signature-gathering. Sheriff Kevin Thom and Commissioner Don Holloway also cited Krausch's sex offender status as reason to restrict the exercise of his constitutional liberties on county property.

The Pennington County Commission is on thin ice when it cites Krausch's sex offender status as reason to ban his signature-gathering activities. Nothing in the sex-offender statutes says we can prevent convicted sex offenders from participating in public politics in this fashion.

If the Pennington County Commission really wants to keep Krausch from darkening their doorstep with his bullying petition tactics, perhaps they should focus on a wholly different facet of Krausch's activity: he's doing it for profit. Krausch gets paid to gather signatures. He says it's his only source of income.

A county cannot pass its own restrictions on sex offenders inconsistent with state law. But a county can certainly ban private businesses from setting up shop on public property, just as schools can prohibit salesmen from dropping by French class to sell berets.

Pennington County Commissioners and the press should keep their wits about them on the Krausch case. They don't need to whip up a false frenzy about bogeyman sex offenders gathering "sensitive" information about citizens. Just focus on the fact that Krausch is misusing public property for private profit.

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An eager reader points out a small difference in the coverage of this story between local news outlets. KOTA-TV mentions that Krausch gathered over 500 signatures to help Sam Kooiker make the Rapid City mayoral ballot. The Rapid City Journal does not find Krausch's political work for now-Mayor Kooiker newsworthy.