Ill. Admin. Code tit. 71, § 2005.50 - Demonstrations
a) The holding or
conducting of any demonstration, public meeting, gathering, or parade on or in
the buildings or their grounds is prohibited unless a permit for that activity
is issued by the Director. To apply for a permit, a Special Events form (https://www.ilsos.gov/publications/pdf_publications/bg56.pdf)
must be submitted electronically to the Department of Physical Services,
Special Events Division via email (SpecialEventRequest@ilsos.gov) at least 48
hours in advance of the event to be scheduled, unless the requestor can show by
the preponderance of the evidence that the cause or reason for the requested
demonstration, meeting, gathering or parade was not known, contemplated or
reasonably foreseeable, resulted from changed circumstances, or was not in
existence within those 48 hours, except that no such request shall take
precedence over an activity that was previously scheduled by the
Director.
b) The Special Events
form must state the name of the individual, organization, association, society,
fraternity, sorority, club, or other group seeking to use the building or the
grounds. The request must list the event contact person, telephone numbers and
address. Additionally, the building or facility desired to be used, the dates
and times sought, equipment to be used or supplied, and the estimated number of
participants shall be provided by the applicant. The permit will only be valid
for the date and time approved by the Director and does not allow the group to
demonstrate at any date or time other than that which has been
approved.
c) Any group seeking a
permit under this Section must have a minimum of one usher per 25 participants.
Ushers shall be identified by insignia and their identities disclosed to
security or police officials prior to the demonstration. The usher's duties
shall include making certain, to the best of that person's ability under the
circumstances, that the conditions of the permit are met, that the group and
participants comply with the rules, that the demonstration remains peaceful and
orderly, and that the participants remain within the physical boundaries of the
permit.
d) The Director will issue
a permit to an applicant unless the Director determines the intended activity
will:
1) Unreasonably interfere with the
movement of vehicular traffic in the parking lots of the Capital Complex or
persons within the buildings or on the grounds;
2) Not occur in the area designated and will
create or cause a health or safety hazard and will impede substantially the
performance of public business to be conducted in the area;
3) Endanger the health or safety of the
permit applicants or other persons;
4) Be a commercial activity or a fundraiser
for an entity that is not a not-for-profit registered with the Secretary of
State under 14 Ill. Adm. Code 160; or
5) Conflict in date, time, and place with a
previously scheduled activity of another applicant or a government agency. All
Special Events forms are considered received based on the date and time of the
receipt of the email and permits are issued on a first-come, first-served
basis.
e) Applicants may
also be denied a permit if past demonstrations involving their
organization/individuals have resulted in removal, arrest, or other substantial
violation of this Part.
f)
Applicants denied a permit may modify their request to meet the objection and
concerns of the Director and may resubmit their application for
consideration.
g) A Special Events
form electronically submitted to the Special Events Division shall be
considered an application. A written response, via email from the Director or a
designee approving part or all of the application, is considered the permit.
The written response will state the reasons for denying, in whole or in part,
the request. The Director or a designee is required to show by the
preponderance of the evidence that an unreasonable interference will occur or
is occurring if the request is denied in whole or in part.
h) A person or organization denied a permit
in whole or in part may appeal the denial to the Secretary of State. The appeal
shall be in writing in an email to SpecialEventRequest@ilsos.gov, and must
state the specific reasons why the decision of the Director or the Director of
the Department of Police is faulty and what relief is sought. The appeal must
be submitted at least 24 hours prior to the time of the requested demonstration
to allow the Secretary of State time within which to consider and decide the
appeal. The Secretary of State's decision will be in writing via reply email
and be made 48 hours after the appeal is received and at least 2 hours prior to
the requested demonstration's time of starting. The Secretary of State's
decision shall be final for the purposes of the Administrative Review Law
[735 ILCS
5/Art. III ].
i) Permitted demonstrations may be canceled
without prior notice by the Director of the Department of Police if security
concerns warrant such an action or if the Illinois Department of Public Health
determines that a public health concern exists.
j) Groups may be subject to time changes or
cancellation if it is determined that the scheduled activity will unreasonably
interfere with the legislative process or business within the Capitol
Complex.
Notes
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