TITLE 71: PUBLIC BUILDINGS, FACILITIES AND REAL PROPERTY
CHAPTER IV: SECRETARY OF STATE
PART 2005 PUBLIC USE OF THE CAPITOL COMPLEX AND SPRINGFIELD FACILITIES
SECTION 2005.50 DEMONSTRATIONS


 

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.  A Special Events form addressed to the Department of Physical Services, Special Events Division, 034 Howlett Building, Springfield Illinois 62756, phone 217-782-8495, must be submitted 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 shall state the name of the individual, organization, corporation, association, society, fraternity, sorority, club, or other group seeking to use the building or the grounds.  The request shall list the event contact person, telephone numbers and address.  Additionally, the particular facility desired to be used, the dates and times sought, equipment to be used or supplied, and the estimated number of the participants shall be provided by the applicant.  The permit shall 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 what has been approved.

 

c)         Any group seeking a permit under this Section shall have a minimum of one usher  per 25 participants.  Ushers shall be identified by insignia and their identities disclosed to security and/or police officials prior to the demonstration.  The usher's duties shall include making certain, to the best of his/her ability under the circumstances, that the conditions of the permit are met, that compliance with the rules occurs, 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 he or she finds that 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 and/or safety hazard and will impede substantially the performance of public business to be conducted in the area;

 

3)         Endanger the health and safety of the permit applicants or other persons;

 

4)         Be a commercial activity; 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 date and time stamped upon receipt and permits are issued on a first-come, first-served basis.

 

e)         Applicants may also be denied a permit if past demonstrations involving their particular 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 addressed to the Special Events Division shall be considered an application.  A written response from the Director approving part or all of the application shall be considered the permit.  The written response shall state the reasons for denying, in whole or in part, the request.  The Director is required to show by the preponderance of the evidence that an unreasonable interference will occur or is occurring when he or she denies the request 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, stating the specific reasons why the decision of the Director or the Director of the Department of Police was incorrect 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 shall be in writing and shall be made 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.

 

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.

 

(Source:  Amended at 42 Ill. Reg. 188, effective December 19, 2017)