Vermillion is located in Clay County, South Dakota. The town adopted a cross-dressing ordinance in 1873, when the region was still known as the Dakota Territory.
The Dakota Republican reported that the Board of Trustees of the town of Vermillion met on the evening of September 29, 1873, and adopted several ordinances, including Ordinance No. 1, “An Ordinance relating to the Peace and Order of the Town of Vermillion,” that outlawed cross-dressing and other so-called offenses against public decency. Silas N. Palmer served as the president of the board and John L. Taylor as clerk.
“Ordinance No. 1.” Dakota Republican (Vermillion). October 9, 1873, p. 2.
The paper printed the full text of the new ordinances. Below is a transcript of the relevant sections of Ordinance No. 1, “An Ordinance relating to the Peace and Order of the Town of Vermillion,” that touch on cross-dressing and the associated penalties.
Sec. 3—It shall be unlawful for any person to appear in any public place in said town in a state of nudity, or in a dress not belonging to his or her sex, or in an indecent or lewd dress.
Sec. 4—It shall be unlawful for any person to exhibit, sell, or offer for sale, or to dispose of in any manner, any indecent or lewd book, picture or other thing, or to exhibit any indecent, immoral, or lewd play or other representation within said town, and any person who shall violate any of the provisions of this section, or the preceding sections of this ordinance, or who shall in any other manner than is herein specified willfully or maliciously disturb the public peace of said town, shall, on conviction thereof be fined in any sum not less than $1.00 and not exceeding 10 dollars.
Sec. 11—In addition to the penalties herein before affixed to any offence mentioned in this ordinance, the Police Justice may, in his discretion, sentence any person found guilty of any such offence, to a term of imprisonment not to exceed sixty days.