Department of Administration to reconsider weekend rally permits

After significant pushback, the Department of Administration will again allow permitted public access in some form to the Capitol grounds on the weekends.

In February, the department barred events requiring a permit at the Capitol, citing the need to be a better steward of the taxpayer dollars used to support the gatherings.

The change said permitted events are only allowed on weekdays between “7:00am and 6:00pm, excluding holidays.”

The move took place in advance of another No Kings rally set for March 28, a national demonstration against the policies of the Trump administration drawing in some cases record crowds.

Thousands of participants have attended No Kings rallies in cities across Montana, including Helena.

Barbara Barnes, a member of the Indivisible Helena steering committee, described the new restriction as putting “an incredible damper on our freedom to assemble and freedom of speech,” although Barnes earlier told the Daily Montanan the group would pivot for its upcoming No Kings rally.

Wednesday during a legislative committee meeting, Rep. Luke Muszkiewicz, D-Helena, asked about the policy change and said organizing at the Capitol was important to Montanans.

“It’s actually a serious issue to me and a lot of my constituents and quite frankly a lot of my colleagues here in the Legislature,” Muszkiewicz said.

Director Misty Ann Giles said the Department of Administration had “missed the mark” on the change and was willing to figure out a better solution.

Giles, head of the department, said access likely wouldn’t be wide open, for instance, maybe Saturdays but not Sundays. She also said the change had been directed in part to alleviate the demands on staff, who already work long hours on weekdays.

Giles said she’s been teased that she’s not from Montana, and in fact, her home state of Georgia has similar restrictions, but she’s willing to go back to the drawing board.

“This is one time y’all got it right,” Giles said.

Giles did not give a timeline at the meeting for reversing course, and she said the government can set content neutral limitations.

But she said she would consider how to strike a balance that allowed the public access and didn’t cause undue burden on her “very tiny team.” She also noted events have grown more complex in recent years and they require more work.

One day earlier, Senate Minority Leader Pat Flowers and other Democrats had signed a letter to Republican Gov. Greg Gianforte requesting reconsideration.

The letter said the rights to free speech and peaceful assembly are among the most fundamental protections guaranteed by the First Amendment of the U.S. Constitution.

“These rights do not exist only during the work week, nor should they be limited by administrative convenience,” the letter said.

Flowers, a member of the Interim Budget Committee Section A that heard the update from Giles, said Wednesday he was grateful for the reconsideration.

“I really appreciate that she heard the concerns from not only legislators, but I’m sure Montanans, that this was an important opportunity for them to express their free speech, and I think she recognized that,” Flowers said. “(She) recognized that it is the people’s house.”