Colorado Capitol gallery to allow pro-life clothing after lawsuit threat
Colorado state Capitol officials are now allowing gallery guests to wear political apparel after they were threatened with a lawsuit for removing someone because he wore a pro-life sweatshirt.
The Foundation for Individual Rights and Expression (FIRE) announced Wednesday that it had persuaded Capitol officials to remove the gallery ban on clothing with political messages.
FIRE had previously sent a letter of complaint to Capitol officials over their decision to forcibly remove pro-life activist Jeffrey Hunt from the gallery because of a shirt he was wearing.
Get Our Latest News for FREE
“I am thrilled at this outcome,” said Hunt, as quoted in the announcement. “Now, Coloradans are free to share their voices, particularly at the state Capitol, where the work of the people takes place.”
FIRE attorney Josh Bleisch was also quoted in the announcement as saying that Hunt “should have been allowed to express his opinions in a non-disruptive manner, but the rule was overbroad and gave officials too much leeway to arbitrarily enforce the ban.”
“Now that the ban is no more, Coloradans can wear a political shirt where politics happens,” Bleisch added.
Although the House and Senate galleries now allow guests and tourists to wear political clothing, the state Capitol still prohibits gallery attendees from bringing banners, posters and signs, reported the Denver-based Westword. Political apparel is also still prohibited in committee rooms.
In March 2023, while attending a legislative debate over a couple of pro-choice bills, Hunt was forcibly removed from the Senate gallery for wearing a Colorado Christian University shirt that read “Pro-Life U,” a nickname for the academic institution.
Cindi Markwell, the secretary of the Senate, explained in a statement given to Westword last year that the shirt prohibition was in response to the contentious debate over the bills.
"These bills drew both pro-life and abortion rights constituents," Markwell told Westword at the time. "In accordance with custom and practice and as stated on the signage posted on each side of the Senate gallery, no apparel can be worn expressing political statements. The purpose of the policy is to avoid conflict between opposing sides on any particular issue."
Last month, FIRE sent a complaint letter to capitol officials over the treatment of Hunt, specifically addressing it to Stephen Rosenthal, House Chief Sergeant-At-Arms; Frank Lombardi, Senate Chief Sergeant-At-Arms; and Benjamin Trujillo, Senate Sergeant-At-Arms.
“The Capitol Gallery Rule’s ban on ‘political’ pins and apparel violates the First Amendment,” stated FIRE's complaint letter. “When the government seeks to silence political expression, it bears a heavy burden to justify its censorship. The Capitol Gallery Rule cannot meet that high bar.”
“Suppressing silent, nondisruptive political expression is not a permissible — let alone compelling — interest in a state Capitol. And a rule prohibiting nondisruptive political expression in a public gallery is not reasonable in light of the purpose of the gallery — ensuring Colorado’s Legislature is open and accessible to members of the public interested in pending legislation.”
