ONLY the stars above Mount Rushmore will light up the night sky on Independence Day after a judge denied Republican Governor Kristi Noem’s litigious plea to let a fireworks spectacular go forward.
While Judge Roberto Lange considered the idea of a fireworks display at the “one-of-a-kind marvel” on the Fourth of July as “appealing” but then concluded his role “is not called upon to determine whether such a fireworks display is a good idea.”
He determined it would therefore be “improper judicial activism” to “mandate issuance of such a permit,” according to his denial published by YourBasin.
For her part, South Dakota Gov. Kristi Noem called the effort to quiet the festivities as purely a partisan play.
“In the radical Left’s view, America has become one of the villains of history,” she wrote in a tweet. “They promote kneeling for our national anthem.
“They tear down statues honoring our nation’s heroes.”
Lange attempted to explain how the country was in need of “a good celebration of its foundational principles of democracy, libertà, and equal protection of the law” given the arduous test of endurance during the COVID-19 pandemic, the Jan. 6 Capitol riot and the political infighting hurting the country.
He highlighted the tradition of the Fourth of July celebration at the “one-of-a-kind marvel” Memorial as something where people can feel “patriotic pride.”
The judge admitted that the consequences of his decision on preventing pyrotechnics on the nation’s birthday might play directly into the political arena.
He wrote the country remains “sadly divided by the politicization of so many issues” that disharmony is “likely to include even the outcome of this case.”
South Dakota Gov. Noem promised to appeal.
“My legal team will appeal 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.”
And Noem vowed she’s not done with her fireworks fight.
“The Biden Administration canceled South Dakota’s Mount Rushmore Fireworks Celebration on completely arbitrary grounds,” she wrote in a Twitter post.
“I am disappointed that the court gave cover to this unlawful action with today’s decision. But rest assured, this fight is not over.”
The Republican had tried to make her case in court after filing a lawsuit back in April and appealed to the Biden administration to permit the fireworks show as his predecessor President Donald Trump had done, bringing them back after an 11-year hiatus.
“Mount Rushmore is the very best place to celebrate America’s birthday and all that makes our country special,” her filing reads, secondo Fox News.
The governor had attempted to hold Biden to a memorandum agreement between the state and the National Parks Service – to preserve the fireworks show back in 2020.
She called out Biden for having “departed from longstanding precedent and reneged on this agreement without any meaningful explanation.”
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She then demanded that the court do away with the Department of Interior’s denial of the fireworks permit and “order it to issue a permit for the event expeditiously.”
That request was summarily denied by the National Parks Service back in March, citing Covid-19 pandemic situation “remaining dynamic” and that the event drawing such a sizable crowd was “difficult, if not impossible” to maintain social distancing.
The denial also brought up Native American tribes who they say “expressly oppose fireworks at the Memorial.”