Montana halts permitting on all weekend rallies at Capitol, thwarts upcoming 'No Kings' event
A crowd gathers at a “No Kings” rally at the Montana Tribal Flag Plaza at the state Capitol in Helena, Mt., June 14, 2025. (Zeke Lloyd/Montana Free Press via AP)
By JoVONNE WAGNER/Montana Free Press
Organizers of the upcoming “No Kings” rally in Helena say that a new state rule banning permits for weekend rallies on the Capitol grounds violates their First Amendment rights. State officials countered that the new rule, quietly instituted just last month, was intended to save money.
The update to permitting guidelines on the Montana.gov site, which has not been previously reported, states that 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 revisions apply to all state-owned or leased spaces or grounds at the Capitol Complex. The policy requires a permit for any public event that uses “state resources, requires setup of any structures, materials, displays, or requires clean-up.” A public event is defined 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, government press conferences, ceremonies and other public gatherings, including “No Kings” rallies that have drawn thousands of protestors to Helena, most recently on a Saturday last October. The next nationwide “No Kings” rally is scheduled for Saturday, March 28.
Previously, the Montana.gov site said that permits were available “on most weekends and most holidays.” State officials within the General Services Division, a component of the Department of Administration that oversees the Capitol, approved revisions to its permitting guidelines last month.
A spokesperson for the Montana Department of Administration said in an email to Montana Free Press this week that the new rules prohibit weekend events that use equipment such as sound stages. The new rules still allow other weekend gatherings on the Capitol grounds.
“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,” wrote Department of Administration spokesperson Janna Williams.
Williams, the agency spokesperson, said that 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.”
The DOA was not required to notify the public of the changes, Williams said.
“The Department is committed to upholding the First Amendment,” Williams said. “Department lawyers reviewed the changes and determined the revised policy is consistent with the Montana and United States Constitutions.”
Indivisible Helena, a local chapter of the national Indivisible organization focused on political action, is organizing the upcoming “No Kings” rally in Helena. Representing the organization, Barbara Barnes told MTFP this week that Capitol staff warned the group about potential permitting changes at the last “No Kings” rally in October.
“We were told that there might be a policy coming into place that would eliminate support for permits for weekend rallies,” Barnes said. “And so we wondered, ‘Would this be something we’d be dealing with?’ And of course, for us, changing the date on the 28th of March is not an option because this is a national event.”
During past rallies, which typically take place on the plaza in front of the Capitol, organizers were able to access the building’s power and set up a stage for speakers, Barnes said.
Without the necessary permit, Barnes said, the group plans to move the upcoming rally to Sixth Avenue, the street in front of the Capitol, where they will park a flatbed trailer on the public street to act as a stage for speakers. Participants can stand on the Capitol lawn but must keep the sidewalks clear.
” We have the right to assemble in that way, we just don’t have a right to the sound system and all of the rest of it, and that really does inhibit our right to free speech and assembly,” Barnes said.
Anaconda resident Nicholas Babcock is organizing the “March for Justice” rally planned for this coming Sunday at the Capitol to protest the government’s handling of the Jeffrey Epstein investigation. Babcock told MTFP Tuesday that while he does not plan to use or bring equipment for the event — meaning the group doesn’t require a permit — he shared similar concerns about how the new rules will impact future rallies.
“If you wanted to deliver an address or a speech or something, having the ability to have a microphone, stage, etc., where people can kind of gather and listen, I think (the rule) would be kind of detrimental for these events that are on the weekend,” Babcock said.
Additionally, Babcock pointed out that limiting permits to only the weekdays hinders the availability for people who typically work a day job.
” I mean, for our event personally, I organized it on a Sunday just to give everybody the opportunity to attend that wants to, ” Babcock said. “We’re all taxpayers, and we all want to be able to use the people’s house as we see fit. So, I think a lot of people might be a little disenfranchised by the decision to limit the ability to host events.”
Barnes said that Indivisible Helena approached the city of Helena about moving the rally to a local park, but the group was unable to obtain the insurance policy required by the city.
Indivisible Montana, along with other organizing group partners, plans to address the permitting issue after the upcoming “No Kings” rally, Barnes said.
” We will vigorously pursue our right to assemble and have free speech for everyone, no matter why they wanna assemble or have free speech, not just us,” Barnes said. “What we are hoping is (that) there are collaborative ways forward.”
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This story was originally published by Montana Free Press and distributed through a partnership with The Associated Press.