'Hawaiian Day' timeline: How a USD controversy sparked change in state law

One law student's concerns about a University of South Dakota party tipped the scales in passing a new state law regulating free speech on campus. 

Concerns that USD students' right to free speech was potentially violated in changing the party theme from "Hawaiian Day" to "Beach Day," plus the elimination of leis for the party, prompted legislators to revive a previously defeated campus free speech bill that was quickly passed at the Capitol following the USD controversy.

More:Free speech bill revived amid USD 'Hawaiian Day' investigation

Here's how the controversy over the "Hawaiian Day" party at the USD School of Law unfolded, according to an investigation by USD attorney AJ Franken and legislative reports:

Monday, Feb. 25: Party planning

10:24 a.m.: After hearing about a similar event at the USD medical school, the USD Student Bar Association decided it wanted to hold "Hawaiian Day" on Feb. 28 to give students a chance to socialize and have fun. The student association emailed law school administration to propose the event, and the administration approved the event as proposed.

Tuesday, Feb. 26: A student raises concern

1:30 p.m.: Law school administration created an event flyer for the student association, and it was emailed to Law School faculty, staff and students shortly thereafter.

7 p.m.: The student association received an email from a law student asking that the association not use the name "Hawaiian Day" out of respect for indigenous people. The student association responded that it wouldn't change the name, but the student responded with a legal argument describing why it wasn't appropriate to use indigenous cultural items in a nontraditional manner. The association agreed because they didn't want controversy and contacted law school administration to update the party flyer to "Beach Day."

More:USD law students change party theme after 'Hawaiian Day' deemed 'culturally insensitive'

Wednesday, Feb. 27: The kickback

8:57 a.m.: The student association sent out the new flyer and posted on Facebook about the party name change. The association began to receive negative feedback from students who either didn't agree or didn't understand why. 

10 a.m.: The Senate State Affairs Committee killed House Bill 1087, which requires higher education institutions to "promote free speech and intellectual diversity."

More:Special interests have written dozens of South Dakota bills and laws in the last decade

12:10 p.m.: The student association's Facebook post was the subject of a South Dakota War College blog post entitled, "On day campus free speech bill killed in committee, USD censoring 'Hawaiian Day?'." The student association began receiving negative feedback from non-students.

1:30 p.m.: The student association requested and met with the law school administration to discuss the event and negative feedback. The association suggested canceling the event and returning the leis because the negative focus was detracting from having a fun and relaxing event for students. The administration encouraged the association to continue with the event as "Beach Day," but they didn't see any policy issues with the Hawaiian Day theme. 

More:USD president launches investigation into law school’s ‘Hawaiian Day’ decision

More:'Hawaiian Day' investigation: USD students' free speech not violated by party name change

More:Hawaiian lawmaker makes fun of University of South Dakota over Hawaiian Day controversy

3:30 p.m.: The student association told law school administration that they were continuing to be contacted by non-students, including the University of Hawaii.

4:04 p.m.: The administration reviewed the student's original emailed arguments requesting the name change, and a secretary emailed the student association that, after researching the leis, the administration asks that they don't use the leis at Beach Day because they want to be culturally sensitive. The student association understood that email to be a directive rather than an agreement from administration. They asked the administration again if they should cancel the event, and the administration again encouraged the students to hold the event.

6 p.m.: The student association sent out a Facebook message that leis wouldn't be handed out at the party, and students should enjoy the event no matter their opinion. 

Thursday, Feb. 28: Beach Day

The student association holds its Beach Day event. Some students wear Hawaiian shirts leis. There weren't any protests supporting or opposing the use of leis or cultural symbols. Students indicated it was quiet. 

From beach to free speech 

News stories are published in national and Hawaiian media outlets over the course of the first weekend in March. 

The Senate State Affairs Committee approves on March 4 reviving the campus free speech bill and passes it on March 6. The full Senate passes the bill on March 7.

After the House concurs on the Senate's amendment on March 12, the bill is sent to Gov. Kristi Noem for a signature the following day. Noem signed it into law on March 20, and it'll go into effect on July 1.