There’s something sacred about the Montana Capitol grounds. Every morning during the last legislative session, I enjoyed the walk from my car to the Capitol doors. I admired the whipping Montana and tribal flags, tipped my hat to Thomas Meagher, and took in the grandeur of the sun rising behind the dome. The Capitol is and always will be the people’s house.
But a recent announcement by the Gianforte administration threatens that long-standing Montana tradition. Republican officials recently implemented a ban on permitted events during weekends at the Capitol, effectively limiting protest to only weekdays. This announcement, of course, came just ahead of the No Kings rally, scheduled for March 28, a Saturday. But this isn’t just about one protest. The new policy was nothing less than a de facto ban on any protest at our state Capitol.
A recent Montana Free Press article noted the new rules (which was made with no public input) prohibited weekend use of generators or sound stage equipment on the Capitol grounds, “even if the equipment is provided and set up by event organizers,” said spokesperson for the Department of Administration. The new policy effectively killed larger scale protests on the Capitol grounds, which often take place on weekends so that working Montanans can attend.
I’ll be honest, when I first saw the article about this ban, my jaw literally dropped. It’s the type of news you see in countries with a high level of government control, where free speech is the first right to be restricted. As we’ve seen with recent events, the power of the people is real, and a decision like this, done via the razor thin reasoning of “saving money,” should be an affront to every Montanan – Democrat, Republican, or Independent.
Montana has a long tradition of public protest that results in better government decisions on behalf of working people. From farmers fighting off railroad monopolies to miners and their families organizing for safer conditions, the list is long. More recently, we’ve seen protests to protect the right to unionize, defend our public lands, and express concerns about COVID-era restrictions. Agree or disagree, Montanans know that these protests are core to our treasured right to free speech.
And you know where most of those Montanans are during the week? That’s right, they’re working. Teachers are in the classroom. Nurses are in hospitals, clinics, and schools. Construction workers, electricians, firefighters and law enforcement are all at work.
Weekend rallies have always been the practical way for Montana’s working families to participate in public life. The Capitol lawn has long been an important civil space that Montanans use to make their voices heard.
Weekends allow protestors from communities across Montana to travel to Helena and voice their opinions. Weekends are a time when entire communities can gather. Restricting larger protests that require voice projecting equipment tells the people they are not welcome in decision making. That’s not democracy and that’s certainly not the Montana tradition.
That’s why 57 members of the Democrat legislative caucus wrote a letter to the Gianforte administration advocating for the restoration of permitted protests on weekends. As a result of the letter and countless Montanans raising their voices, the Department of Administration (DOA) director recently announced that, given the significant feedback, she is willing to go back to the drawing board and find a different solution. I, along with a handful of other legislators, will be meeting with the DOA in the coming weeks to ensure the recalibrated policy will prioritize our treasured Montana tradition of protest, regardless of what side of the aisle you’re on.
The Capitol is the people’s house. Let’s keep it that way.
Laura Smith is a Democratic state senator representing Senate District 40 in Helena and Jefferson County. She’s an attorney and former federal prosecutor. She lives in Helena with her husband Mac and two daughters.