Permitting rules at Capitol bring change, confusion, anger
Mar 16, 2026
Sign up for the free Helena This Week newsletter and stay in the loop on Helena city government, public school meetings, business news and upcoming entertainment and events.
Sign up
03/16/2025
Reporter’s notebook: How we reported the new permitting rules at the Capitol
Earlier this month, I got a tip about changes at the Capitol regarding how people gather for rallies and protests. The tip, while brief, claimed that permitting changes would “restrict” where the upcoming “No Kings” rally could be held.
And after getting the green light from my editors, I reached out to one of the rally organizers with Indivisible Helena to better understand the changes and what they could mean for the public.
I wanted to ensure that I understood the policies for events at the Capitol Complex that’s overseen by the state’s Department of Administration. And I have to admit, after a few rounds of emails with the state and some editing, it got a little confusing.
From the tip and some more interviews, I understood what the problem these changes created, but I needed to be clear about grasping and explaining the “why.”
The most significant change we wanted to recognize was that, yes, the state recently revised its permitting guidelines, meaning permits will no longer be issued on weekends. That highlighted the concern from rally organizers since “No Kings” gatherings have typically been held on Saturdays.
But that change didn’t necessarily mean no one could gather on the state grounds on the weekend.
What DOA staff helped me clarify is that the public can still assemble at the Capitol without a permit on weekends, but if that assembly involved any equipment set up, such as a stage, mics and speakers, banners, or the use of any state resources, it was no longer allowed. So, any rally of any size was probably out under the new rules.
Event organizers believe the change directly affected how they can get their message out and who can participate. And, if the comments on social media in response to the story are any indication, those planning to attend the rally are not happy.
There was a lot of policy to navigate through in the story, and I appreciated the state staff answering every one of my follow-up emails. I really wanted this coverage to be clear, precise and above all, accurate.
In case you missed it
The city of Helena must change a resolution that directs city police officers to “avoid” assisting federal authorities with immigration enforcement or face a lawsuit from the Montana Department of Justice, according to a cease-and-desist letter from Montana Attorney General Austin Knudsen.
“If you do not change your policy by rescinding the offending portions of the Resolution or otherwise demonstrate that you are in compliance with the prohibition on sanctuary jurisdictions, I will carry out my duty to obtain a judicial resolution of this matter,” Knudsen wrote in the letter.
In the letter, Knudsen alleges that the Helena resolution, passed by the city commission in January, violates a state law passed in 2021 that prohibits local governments from providing refuge to illegal immigrants.
The city resolution, drafted with input from the Helena police chief, orders the Helena Police Department not to sign a partnership agreement with U.S. Immigration and Customs Enforcement. The agreement is known as a 287(g) agreement. Under the resolution, police are also to ask ICE agents to remain unmasked and to identify themselves unless doing so would hamper their work.
The resolution also prohibits the city of Helena from disclosing any resident’s place of birth, immigration status or national origin unless ordered by a court.
Knudsen requested that the city defend its resolution’s compliance with the law and share all relevant communications regarding the resolution from the mayor, the commission, the city manager and the Helena police chief. If the city does not respond within 15 days, he will sue, according to the letter.
Helena Public Information Officer Amanda Opitz told Montana Free Press last Tuesday that the city is aware of the letter but cannot comment on “a potential legal issue.”
“The City is committed to transparency and compliance with the law,” Opitz said in an email. “The City takes these matters seriously and will continue to cooperate with the appropriate authorities while remaining focused on serving our community.”
Helena City Attorney Rebecca Dockter provided a brief update to the city commission during a meeting last month regarding the Montana Department of Justice investigation. After reanalyzing the resolution and the city’s drafting process, Dockter said she still feels “comfortable” that the resolution complies with Helena police policies and state law.
Knudsen announced that the DOJ was launching an investigation into Helena after it passed the immigration resolution — the only Montana city to do so — during a press conference with Gov. Greg Gianforte.
Public Notice
The Helena Area Chamber of Commerce will host another Brews Blueprints gathering at Brothers Tapworks Wednesday, March 25, for the public regarding the school district’s construction of three new school buildings. The event will run from 5:30 p.m. to 6:30 p.m., and participants must register with the chamber by contacting them at [email protected] or (406) 442-4120.
5 Things to Know in Helena
Last week, the city commission approved a $226,660 bid for the long-anticipated Benton Avenue turn-lane project to All Around Construction LLC. The project would add curb and turn-lane striping at three intersections on Benton Avenue and in the Sun Haven residential area. The project had been “scaled back” in previous planning by transportation staff and now focuses on pedestrian safety while utilizing the existing road width, according to meeting documents. Construction is expected to begin after fiber-optic installation work in the area wraps up this week.
Several new housing and business development projects could be coming to Helena, according to city planning documents. On Monday, March 16, the city staff will review four project applications. Those projects are a proposed 150-unit affordable housing development near Kelleher and Shorthorn drives, two residential 8-plexes at 906 Hialeah Court, a redevelopment for a drive-thru coffee shop at 600 N. Fee St., and a new VA dental clinic at 1220 Skyway Dr.
Local nonprofit Family Promise’s new shelter is on track to open this summer, providing 16 rooms for area families in need. The shelter, which was tentatively called “Ruth’s Place,” is set to open this June, according to an IR report. The shelter has been a long time coming after funding challenges and changes to its leadership and its original mission to exclusively house women, MTFP previously reported. Now, the shelter, 2814 N. Cooke St., will cater to other guardians who need it, including single fathers, mothers and grandparents.
A local firefighter lost their home to a fire during the blustery winds that hit Helena last week, according to a social media post from the local firefighter union. The fire was started from a heat lamp in the property’s garage, and fire officials said that high winds contributed to the blaze, according to an IR story.
“Fortunately, everyone made it out and is safe. However, nearly everything was lost in the fire,” the post stated.
Helena Middle School Principal Cal Boyle will be the new Capital High principal for the next school year, according to a district social media announcement last week. The news was shared on the school district’s new weekly podcast, “From the Ground Up with Helena Public Schools.” Superintendent Rex Weltz said during the podcast that he will officially recommend Boyle for the high school position at the next school board meeting.
Might Be Fun
Local nonprofit The Friends of the Montana Constitution announced its plans for the inaugural Montana Constitution Day Friday, March 20, at the Montana Heritage Center from 10 a.m. to noon. The event will feature a presentation on the history of the state’s Constitution by U.S. Court of Appeals Judge Anthony Johnstone. Visit the nonprofit’s website for more information regarding the celebration.
The post Permitting rules at Capitol bring change, confusion, anger appeared first on Montana Free Press.
...read more
read less