Gianforte administration says it will reconsider policy change to restrict Capitol rallies

The Montana Department of Administration is considering revising a recent policy change that restricts weekend rallies at the Capitol in Helena, according to department director Misty Ann Giles.

Following a Montana Free Press report about the change prohibiting permits for weekend gatherings at the Capitol, Rep. Luke Muszkiewicz, D-Helena, asked Giles to comment during a legislative committee meeting Wednesday. 

Giles said that the guidelines for issuing permits, revised in February, were developed to address the increasing size of political rallies since the COVID-19 pandemic. That growth has prompted a need for more equipment, such as sound stages, straining state staff and resources. Five state employees typically work during such rallies, she said. 

Giles added that when she considered the specific change, she thought it was “no big deal,” since the Capitol in Georgia, her home state, is closed weekends. 

“I think we do need to go back to the drawing board and consider what makes sense under a constitutional law,” Giles said at the committee meeting. “Because the government is allowed to put restrictions in place that are content neutral and not any sort of affiliation and figure out what makes sense to strike that balance with my resources, my very tiny team, but also that access,” Giles said.

Muszkiewicz responded that he appreciates the DOA’s willingness to revisit the policy.

“I want to do what we can to support those Montana citizens who want to exercise their constitutional rights and their civic pride in rallying or organizing at the Capitol,” Muszkiewicz said. 

A day before the committee meeting, 57 Montana Democratic legislators signed a letter to Gov. Greg Gianforte urging him to reconsider the policy, saying it prevents Montanans from showing up and expressing their opinions. The governor’s office, which oversees the Department of Administration, has not responded to MTFP’s request for comment.

The current permitting of public events at the Capitol, managed by the General Services Division under the administration department, is only allowed to “occur on weekdays and between the hours of 7 a.m. and 6 p.m., excluding holidays,” according to the revised guidelines. 

While the new rules still allow weekend gatherings on the Capitol grounds, the policy requires a permit for any public event that uses “state resources, requires setup of any structures, materials, displays, or requires clean-up.” 

Excluding weekend permits directly impacts the upcoming “No Kings” rally scheduled for March 28, organizer Barbara Barnes told MTFP.  

Barnes, an organizer with Indivisible Helena, which leads the local planning for the nationwide rally, said that prior to the changes, the group’s organizers had used the state’s electricity and other resources to help set up for the event, which has drawn thousands of protesters to Helena.

Barnes called Giles’ willingness to revisit the policy a “stunning example” of collective nonviolent action and said the policy was made without considering who would be most impacted. 

“It’s a positive development for the support of free speech and the right to assemble seven days a week, because those rights do not stop being rights on any day of the week,” Barnes told MTFP Thursday.

It’s unclear if the Department of Administration will scrap the policy revisions prior to the upcoming “No Kings” rally. 

Currently, Indivisible Helena plans to park a flatbed trailer on Sixth Avenue to act as a stage for speakers for the upcoming “No Kings.” Participants can stand on the Capitol lawn but must keep the sidewalks clear.