State lifts 'political' clothing ban after radio host kicked out of Capitol gallery out over pro-life shirt

The Colorado State Capitol has revoked a ban on political apparel in its legislative galleries nearly a year and a half after a Denver radio host got kicked out of the Senate gallery for wearing a pro-life sweatshirt.

"It was a total win for free speech," Jeff Hunt told Fox News Digital. "You're free, and it's a better state because of it."

Officials removed language about the ban from its website and signs inside the Capitol, according to the nonprofit Foundation for Individual Rights and Expression (FIRE), which sent a letter to the state last month warning that its ban violated the First Amendment and appeared to only be enforced against some political ideas.

The shirt strife started on March 21, 2023, when Hunt went to the Capitol to support pregnancy resource centers during a hearing on a package of abortion-rights bills that would regulate such centers. He wore a pullover with the words "Pro-Life U" over "Colorado Christian University," where he previously worked. The school claimed to be the most pro-life university in the country, inspiring Hunt to make the shirt.

Jeff Hunt was booted from the Colorado Senate gallery in March 2023 over this sweatshirt. The words "Pro-Life U" reference Colorado Christian University's self-proclaimed status as the most pro-life college in the country, Hunt said. (Courtesy of JeffreyGrounds Photography)

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Hunt sat down in the Senate gallery, but after a matter of "seconds," he said a sergeant at arms approached and led him out to the hallway where a sign was posted informing visitors that pins or apparel "expressing political statements" were prohibited in the gallery.

"Pro-life. That's a political statement," the sergeant at arms can be heard saying in a short video clip Hunt recorded outside the gallery.

Hunt tried to explain that his shirt was a reference to a college, not an overt political statement, but was told he could either turn the sweatshirt inside out or remain outside the gallery, he said. Hunt waited outside. 

"The purpose of the policy is to avoid conflict between opposing sides on any particular issue," Secretary of the Senate Cindi Markwell told the local outlet Westword in March 2023.

But FIRE, which takes on free speech battles across the country, heard about the clothing controversy and, in a July 16 letter, demanded Capitol officials stop playing fashion police.

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FIRE argued that the ban was overly broad and didn't clearly define what constitutes a "political" statement. Hunt wondered whether a rainbow shirt or a shirt saying "Stand with the troops" would also be banned.

The ban also appeared to be selectively enforced, according to FIRE's letter. Just two weeks before Hunt was led out of the Senate gallery, at least a thousand students calling for stronger gun control laws marched to the state capitol, local media reported. Many wore red shirts reading "Angels against gun violence" as they stood in the House and Senate galleries watching lawmakers work.

"Enforcing a rule differently because of a speaker’s message is repugnant to the Constitution," FIRE attorneys wrote.

Markwell defended the disparity by pointing out that the students were protesting for increased gun control on a day when no gun bills were on the docket.

"We believe that to protect its process and the senators that the Senate is authorized to limit expression of support or opposition on matters it is debating," she told Westword in 2023.

Students and teachers filled the Colorado State Capitol at least three times during March 2023 to protest gun violence in schools. This photo is from March 24, 2023, three days after Hunt was asked to leave the Senate gallery for wearing a "Pro-Life U" sweatshirt. (Michael Ciaglo/Getty Images)

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But that distinction didn't appear anywhere in the written rules or on signage outside the galleries, according to FIRE.

"'You only have free speech on days we allow you to have free speech,'" Hunt said of Markwell's explanation. "It doesn't make any sense."

The Colorado House and Senate "have rescinded the rule banning ‘pins and apparel expressing political statements’" in the galleries, Markwell confirmed to Fox News Digital, though she did not elaborate on why the rule was changed. A photo published Wednesday in Westword showed the ban scratched off of a sign posted outside the gallery.

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"At this point now in Colorado, you don't have to check the calendar," Hunt said. "You don't have to see what day it is. Your free speech rights to wear the clothing you want to are protected at all times at the Colorado State Capitol."

Hunt emphasized that, even though he's a "Bible-believing Evangelical," his win applies to those whose political opinions he disagrees with, too.

"I've defended the rights of people that support abortion to wear their shirts reflecting their political values down at the state Capitol as well," he said. "I strongly believe in Second Amendment rights. And if you believe that we need to restrict those rights to prevent gun violence, you can now wear your shirt down to the Colorado State Capitol. This is a win for all Coloradans."