Colorado man told to leave senate gallery due to pro-life sweatshirt. Now FIRE may sue

A Colorado man said he was given a choice — take off his pro-life sweatshirt or leave the state’s Senate gallery. He did not take off his sweatshirt.

Now the Foundation for Individual Rights and Expression is threatening a lawsuit on behalf of that man, Jeffrey Hunt.

The free speech organization sent a letter to House Chief Sergeant-At-Arms Stephen Rosenthal, Senate Sergeant-At-Arms Benjamin Trujillo and Senate Chief Sergeant-At-Arms Frank Lombardi demanding they do not enforce the ban on apparel expressing political statements inside their chambers because it violates the First Amendment.

Rosenthal, Trujillo and Lombardi did not immediately return a request for comment.

FIRE’s letter demanding officials not enforce ‘unconstitutional’ rule

Hunt was visiting the Colorado Capitol along with colleagues from Colorado Christian University on March 21, 2023, the letter said. They were there to protest three bills that would regulate pregnancy crisis centers and sat inside the senate gallery during the floor proceedings. He had donned a sweatshirt that read “Pro-Life U.”

The letter said Hunt was asked to exit the gallery, which he did. Trujillo told Hunt his sweatshirt violated gallery’s rules and then Hunt disagreed. Lombardi agreed with Trujillo’s assessment.

“They gave Hunt a choice: Remove the sweatshirt or forfeit his ability to watch his state government from the gallery,” said the letter. “Unwilling to sacrifice his First Amendment rights, Hunt chose the latter and waited outside the gallery alone while his colleagues remained inside.”

FIRE said the gallery rule that led to Hunt sitting outside is a violation of the First Amendment and does not meet the criteria the government has to in order to censor speech.

“I was shocked when I was asked to leave the Senate gallery simply for wearing a pro-life sweatshirt,” said Hunt. “I felt like I was being targeted for expressing my American right to free speech. My goal with this case is to make sure this type of censorship doesn’t happen to anyone else, especially in the heart of our state’s democracy.”

The legal test the government would have to meet is known as strict scrutiny. It is a rigorous constitutional test that weighs out the government’s right to limit another right for a compelling government interest. A regulation on speech would have to be narrowly tailored enough to meet that interest.

“Suppressing silent, nondisruptive political expression is not a permissible — let alone compelling — interest in a state Capitol,” said the letter. “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 the pending legislation.”

The letter from FIRE also said the gallery rule is enforced unfairly “in a viewpoint-discriminatory manner.”

“Just weeks before banning Hunt from the gallery because of his conservative ‘political’ sweatshirt, Senate Sergeant-At-Arms permitted students wearing pro-gun control ‘Angels Against Gun Violence’ shirts to sit in the gallery undisturbed,” said the letter. “Enforcing a rule differently because of a speaker’s message is repugnant to the Constitution.”

At the time, Secretary of State Cindi Markwell told media the rule only “limit(s) expression of support or opposition (the Senate) is debating” and it exists to avoid conflict.

The organization asked the Colorado House and Senate Sergeans-At-Arms to provide written confirmation they would no longer enforce the gallery rule banning pins and apparel expressing political statements. The organization also asked signage with this rule in the Colorado state Capitol be moved.

“We are hopeful you will honor your obligations to respect and uphold the First Amendment rights of all Coloradans,” said FIRE in the letter. “Otherwise, FIRE will file a lawsuit and seek the full array of remedies including damagers and attorney’s fees.”

Organization attorney Josh Bleisch said, “if there’s anywhere people’s First Amendment rights should be safe, it’s in their state capitol.”

“Officials can’t kick you out of public galleries just because they don’t like the message on your shirt,” said FIRE attorney Raul Ruiz. “We look forward to vindicating Hunt’s rights, and the rights of every American, regardless of their opinions.”