Blue state lifts ‘arbitrary’ political apparel ban after man was kicked out of Capitol for wearing pro-life shirt

The Colorado Capitol removed language from its webpage Wednesday banning “political” apparel after being threatened with legal action for ‘arbitrarily’ enforcing the rule, according to the legal group representing the case.

The Foundation for Individual Rights and Expression (FIRE) sent a letter to the Colorado sergeants-at-arms in July demanding the rule be changed after Jeffrey Hunt, a professor at the Colorado Christian University, was removed from the Capitol Senate gallery for wearing a shirt displaying “Pro-Life U” in reference to the college during a vote on abortion-related bills. FIRE announced Wednesday that the Capitol gallery rule prohibiting “pins or apparel expressing political statements” has since been removed from the Capitol’s website.

“I am thrilled at this outcome,” said Hunt. “Now, Coloradans are free to share their voices, particularly at the state Capitol, where the work of the people takes place.”

VICTORY: Colorado officials kicked @jeffhunt out of the Senate gallery for wearing a Pro-Life U sweatshirt because it was a “political statement.”

Thanks to FIRE’s advocacy, state House and Senate leadership have rescinded the ban on “political” apparel in the Capitol galleries. pic.twitter.com/8DB2BOPaIU

— FIRE (@TheFIREorg) August 14, 2024

The July letter threatened the sergeants with a lawsuit, alleging that the ban was unconstitutional for limiting speech and expression in a government building and that the rule was applied in a “viewpoint-discriminatory manner.”

“The Capitol Gallery Rule’s ban on ‘political’ pins and apparel violates the First Amendment,” the letter stated. “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.”

Weeks before the May incident, a group wearing pro-gun control shirts stating “Angels Against Gun Violence” was allowed access to the same gallery without issue, according to the letter.

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

FIRE argued that the Capitol’s rule prohibiting disruptive behavior in the gallery was sufficient and made the ban on silent political expression unnecessary.

The Colorado sergeants-at-arms and Senate did not immediately respond to a request for comment.

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