Ill. Admin. Code tit. 71 § 2005.50

Current through Register Vol. 48, No. 44, November 1, 2024

Section 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.

Ill. Admin. Code tit. 71, § 2005.50

Amended at 36 Ill. Reg. 7662, effective May 2, 2012

Amended at 39 Ill. Reg. 2710, effective 2/5/2015

Amended at 42 Ill. Reg. 188, effective 12/19/2017

Amended at 47 Ill. Reg. 17881, effective 11/16/2023