This lawsuit, filed on behalf of The Dandelion Center, challenges the constitutionality of a Colorado regulation that prohibits holders of valid permits from engaging in certain constitutionally-protected expression during rallies and demonstrations conducted on the steps of the State Capitol Building. The regulation prohibits "solicitation."  It provides for criminal penalties if permit holders ask for funds to support the causes they espouse or to offset the cost of organizing the event.

In response to the lawsuit, the Colorado agency in charge of the State Capitol Ground issued an emergency regulation suspending the challenged regulation.  As a result, permit holders are not prohibited from soliciting funds in support of their advocacy.  The agency made the change permanent in early 2004 when it adopted a set of revised regulations affecting First Amendment activity on the Capitol grounds, resulting in a settlement of this case.  The Colorado ACLU challenged portions of the 2004 regulations on First Amendment grounds in a separate lawsuit filed in state court.

ACLU case number

2003-14

Attorney(s)

Mark Silverstein, ACLU of Colorado Legal Director

Case number

03-F-1834, United States District Court, District of Colorado