In 2008, in letters sent to sponsors of street fairs and festivals, the ACLU of Colorado urged the organizers to respect the right of members of the public to distribute flyers with political messages, to hold signs with such messages, and to solicit signatures on petitions to place proposed measures on the ballot. Recipients of the ACLU letters included the Cherry Creek Arts Festival, the Taste of Colorado, and the People's Fair.
The ACLU action was prompted by recurring complaints and inquiries from persons who have wanted to engage in such expressive activities. According to the complaints, authorities at street fairs and festivals have claimed the right to prohibit such activities in the geographic area covered by the street fair's permit and to exclude or expel persons who carry them out.
The ACLU's letters, which rely on several federal court decisions interpreting the First Amendment, explain that permits issued to event organizers do not allow them to suppress all expressive activity carried out by persons who attend the events, expecially when there is no chance that the message of attendees will be understood to represent the official message of the event sponsors.
