Montana has revised its permitting guidelines for public events at the Capitol Complex, limiting when organizations can hold events that require permits for weekend rallies. The change, according to the state’s posted policy language, would apply to events held on state-owned or leased grounds at the complex.
The updated guidelines posted on Montana’s website say public events requiring a permit “may only occur on weekdays and between the hours of 7 a.m. and 6 p.m., excluding holidays.” The policy also describes when permits are required, including events that “uses state resources” or involve “setup of any structures, materials, displays,” or that require clean-up.
A “public event” is defined in the policy as “any event that is open to the public and to which the public will have full access.” The Capitol Complex has long been a preferred location for protests and other gatherings in Helena, including ceremonies and government press conferences, according to reporting included in the record.
Organizers of the next nationwide “No Kings” rally say the revised weekend permitting rules would interfere with their planned Saturday event. The next “No Kings” rally is scheduled for Saturday, March 28, and Indivisible Helena organizers said in interviews that the new rule banning weekend permits violates their First Amendment rights.
Representing Indivisible Helena, Barbara Barnes said the group was warned by Capitol staff during the last “No Kings” rally in October that permitting support could change. Barnes said that because the March 28 date is treated as a national event, changing the rally schedule was not an option for the organizers.
Barnes said Indivisible Helena plans to move the rally to Sixth Avenue if the group cannot obtain the necessary permit. She said the group would park a flatbed trailer on the public street to act as a stage for speakers, while participants could stand on the Capitol lawn so long as they kept sidewalks clear.
A spokesperson for the Montana Department of Administration said the rules are meant to prohibit certain kinds of weekend event setups that rely on state resources. In an email to Montana Free Press, Janna Williams wrote that “Setup of items like generators and sound stage equipment is only permitted during weekday business hours with an event permit issued by the General Services Division, even if the equipment is provided and set up by event organizers.”
Williams said the changes were prompted by the last legislative session and were instituted Feb. 27 because “after-hours and weekend events are costly and strain state resources.” She also said the Department was not required to notify the public of the changes and that Department lawyers reviewed the revisions and determined the policy is consistent with the Montana and U.S. constitutions.
Barnes said the group also approached the city of Helena about moving the rally to a local park, but the city required an insurance policy that the organizers were unable to obtain. After the March 28 rally, she said Indivisible Montana and other partners plan to address the permitting issue.
A separate organizer at the Capitol said the weekend limitations could affect future demonstrations even if his current event does not require a permit. Nicholas Babcock, who is organizing a “March for Justice” rally this coming Sunday to protest the government’s handling of the Jeffrey Epstein investigation, told Montana Free Press that he does not plan to use or bring equipment, and therefore the event does not require a permit.
Babcock said he shared concerns about how the new rules could affect later rallies that want to deliver speeches using equipment such as microphones and stages. He also said limiting permits to weekdays hinders people who work a day job from attending events, arguing that the restrictions could disenfranchise some participants.