Colorado Capitol Removes Ban on Political Apparel After Lawsuit Threat From Pro-Life Advocate

Seventeen months after Jeff Hunt was booted from the Colorado Senate gallery for wearing a pro-life sweatshirt, the Capitol has removed the rule banning political apparel in its galleries.

The Foundation for Individual Rights and Expression (FIRE) announced the rule change on Wednesday, August 14, and it was confirmed to Westword by two legislative spokespeople. Just last month, FIRE sent a letter to the House and Senate, threatening to sue the chambers if they continued to enforce the ban, alleging that it violates First Amendment freedom-of-speech protections.

"If there is one place where the constitutionally protected rights to free speech and free expression should be protected, it must be our State Capitol," Hunt says, adding that he is "very satisfied" with the rule change. "It was a bad rule, often selectively enforced. ... We have advanced the free-speech rights of all Coloradans at the people's house!"

Previously, the legislature prohibited "pins or apparel expressing political statements" in the House and Senate galleries, with the ban published on the Capitol's visitors' page and on signs posted on the gallery doors. The rule is gone from the website as of today,  August 14, and the portions of the posted signs regarding clothing have been scratched out.

The posted rules continue to prohibit signs, banners and posters in the galleries. Rules displayed at the Capitol entrance and in the House and Senate committee hallways still advertised the political apparel ban for committee hearings as of Wednesday, noting, "Clothing that displays a conspicuous statement in support of, or in opposition to, any legislation before the committee will not be allowed in the committee room."

This clothing conflict began on March 21, 2023, when Hunt, a right-wing radio host, wore a sweatshirt with "Pro-Life U" on the front. The slogan referenced Colorado Christian University, where he worked at the time as director of the university's Centennial Institute think tank.

Hunt had come to advocate against a package of abortion-rights bills. But within "thirty seconds," he was spotted in the Senate gallery and ushered away by the sergeant-at-arms for violating the political-apparel rule, Hunt explained to Westword.
"The purpose of the policy is to avoid conflict between opposing sides on any particular issue," Secretary of the Senate Cindi Markwell told Westword in March 2023. "We believe that to protect its process and the senators that the Senate is authorized to limit expression of support or opposition on matters it is debating. This includes verbal statements as well as signs and messages on apparel."

However, Hunt and FIRE argued that the ban was too broad and unevenly enforced.

On March 23, 2023, two days after Hunt was kicked out, hundreds of East High School students flooded the House and Senate galleries, many wearing "Angels Against Gun Violence" shirts, which Hunt argued were pro-gun control. Markwell said the students were allowed to wear the shirts because no gun-related bills were being discussed that day, noting that the students were still prohibited from bringing in signs and banners.

“Jeff 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,” FIRE attorney Josh Bleisch says in a statement. “Now that the ban is no more, Coloradans can wear a political shirt where politics happens.”

Two legislative spokespeople confirmed that the political-apparel ban was rescinded but did not immediately respond to further inquiries about what inspired the change.