Projo Politics Blog

It’s not just religious groups that would be affected if officials enforced the policy for use of the State House buildings and grounds.

The policy would apparently outlaw just about every demonstration that takes place at the State House during the legislative session, including any use of balloons, music or tents.

In an announcement that sparked alarm from civil-rights advocates and religious groups alike, Department of Administration Associate Director Marco Schiappa warned the State Properties Committee last Wednesday that the state must either change the policy or enforce it as written. Schiappa said he discovered the policy after assuming his post six months ago.

Were the department to begin enforcing the policy, events such as the Hispanic Ministerial Association of Rhode Island’s annual day of prayer — approved for Saturday, on the State House lawn — would probably be barred because the policy prohibits “functions held by religious groups.”

And it prohibits much more than that.

Just this year, the nonprofit advocacy group Ocean State Action has broken just about every rule on the list.

For instance: “No music allowed in the State House during normal business hours, 8 a.m. to 6 p.m., Monday through Friday.”

The group often begins or ends protests in the rotunda with a song. The group also assists Marriage Equality Rhode Island in sponsoring protests in favor of same-sex marriage, protests that usually include music.

Also: “Sleep-outs on the State House grounds are prohibited.”

Ocean State Action helped coordinate an overnight demonstration, including tents, to protest proposed budget cuts.

Apart from those specific bans, the policy contains this more general statement: “The State House rotunda is not available from January through June Monday-Friday due to the General Assembly session.”

Ocean State Action’s executive director, Karen Malcolm, laughed out loud upon hearing of that prohibition. Demonstrations take place in the rotunda regularly throughout the session, often at 3 p.m., just before the legislative session begins at 4. Before important deadlines — such as those for introducing bills, hearing bills, budget passage and the end of the session — demonstrations take place nearly every day, and sometimes more than once a day.

Malcolm said all the state requires is that an event’s organizers reserve the rotunda in advance through Schiappa’s office, so multiple groups don’t show up on the same day.

The state has also not enforced a requirement that anyone reserving the rotunda register the name and address of each person who will attend, 10 days in advance, with the Capitol Police. Or the requirement that groups pay to use the State House — $600 for events between 1 and 50 people, $1,000 for 51 to 100 people, $1,500 for 101 to 200 people, and $2,000 for 201 to 300 people.

“The people of Rhode Island pay through their taxes to maintain the State House as the people’s house,” Malcolm said, noting that her group has never been charged. “They should not ever have to pay for access.”

Another provision reads, “Candles and balloons are prohibited.”

At least one State House event this year featured balloons — a 50th birthday celebration for House Finance Committee Chairman Steven M. Costantino.

“We didn’t realize we were violating any rules, but it was worth it for Chairman Costantino and this once-in-a-lifetime event,” House Speaker William J. Murphy told Political Scene. “I’m just glad that we used two numerical candles on his cake. If we had lit all 50 candles, we would have really broken the State House rules!”

Jeff Neal, a spokesman for Governor Carcieri, said the governor “has asked the Department of Administration to review the entire policy and to make any updates that are appropriate.”

The department “will abide by the applicable requirements, including, if necessary, a public hearing,” Neal said. In the meantime, he said, the department will continue current practice, as opposed to enforcing the policy as written.

By Steve Peoples, Elizabeth Gudrais and Katherine Gregg

Journal State House bureau

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