Md. Code Regs. 04.05.02.02

Current through Register Vol. 51, No. 24, December 2, 2024

Section 04.05.02.02 - Demonstrations and Rallies

A. Subject to the conditions below, demonstrations, rallies, and solicitation, whether or not by permit, may be held during regular business hours, but may not be scheduled to start after 8 p.m., or finish after 9 p.m., except when sessions of the Senate or House of Delegates run beyond 9 p.m.

B. Demonstrations and rallies may be conducted at Lawyers' Mall in front of the State House between the Legislative Services Building and Government House. The areas posted as fire lanes may not be obstructed.

C. In case of preemption or conflicting scheduling of Lawyers' Mall, demonstrations may be conducted in other nearby outdoor areas if agreeable with the applicant for the demonstration permit and the Secretary or the Chief of the Maryland Capitol Police.

D. Demonstrations or rallies outside State property may require separate approval of the Mayor of Annapolis through the Annapolis Police Department.

E. Groups of 15 or more persons wishing to hold demonstrations or rallies or engage in solicitation should apply in writing at least 2 days in advance to the superintendent or manager for a permit, unless extraordinary circumstances prevent the applications. Groups of less than 15 persons may hold demonstrations or rallies or engage in solicitation without a permit, space permitting, subject to the same conditions in this regulation, but an individual or group holding a permit will have priority over an individual or group without a permit.

F. Permits shall be issued at no cost to the applicant on a first-come, first-served basis. The Secretary or the Chief of the Maryland Capitol Police may not refuse to issue a permit based on the:

(1) Subject matter of the demonstration;

(2) Applicant; or

(3) Lateness of the permit application.

G. Subject to paragraph E, above, and except as provided elsewhere in this Title, the following activities are not prohibited at Lawyers' Mall:

(1) Distribution of literature, materials, and merchandise for the exposition of ideas and opinions in the exercise of freedom of speech, association, assembly, and religion, but excluding purely commercial materials; and

(2) Solicitation of funds for lawful, non-commercial purposes or the collection of petition signatures.

H. The applicant shall indicate whether solicitation for charitable contributions will occur and, if so, indicate whether the applicant is properly registered under the Maryland Solicitation Act, Business Regulation Article, Title 6, or exempt from registration.

I. The applicant or any participant engaging in solicitation of funds shall inform donors whether the contribution is tax deductible, a contribution under § 1-101(o) of the Election Law Article, or a gift.

J. The Secretary or the Chief of the Maryland Capitol Police shall have discretion only as to matters of scheduling, safety, security, and traffic.

K. The applicant should designate, by name, at least one individual to be present at the demonstration who will wear an armband or other identifying insignia and be responsible for advising the demonstrators on compliance with applicable laws and regulations.

L. Battery operated sound

M. An individual may not possess a firearm within 1,000 feet of a demonstration on the property.

N. The following activities are prohibited at Lawyers' Mall:

(1) Erecting any structures including tents, canopies, or structures; and

(2) Climbing on, removing, or damaging any memorial, statue, architectural feature, tree, or landscaping.

Md. Code Regs. 04.05.02.02

Regulation .02 amended effective 46:4 Md. R. 190, eff. 2/25/2019; amended effective 48:7 Md. R. 259, eff. 4/5/2021