Why It Matters
A federal court settlement in Rhode Island establishes a binding precedent for public access to the State House rotunda during the governor’s annual address, codifying First Amendment protections in one of the state’s most prominent civic spaces. The agreement applies to all future governors and their administrations, not just the current officeholder.
What Happened
The dispute began on January 14, 2025, when members of the Rhode Island Homeless Advocacy Project and Black Lives Matter RI PAC arrived at the State House around 5 p.m. to demonstrate during Governor Dan McKee’s State of the State address. Instead of being allowed to assemble in the rotunda, protesters were directed to the “Bell Room” on the first floor.
State and Capitol Police had cordoned off the rotunda with stanchions from 4:30 p.m. to 10 p.m. that evening, leaving the space vacant while McKee delivered his address. The ACLU of Rhode Island subsequently sued McKee’s administration in federal court, arguing the closure violated protesters’ First Amendment rights.
A settlement was filed Wednesday between McKee and the ACLU of Rhode Island, resolving the lawsuit without a court ruling on the merits. The agreement also reflects the approach already implemented during the 2026 State of the State Address in January of this year.
Terms of the Settlement
Under the agreement, the rotunda must remain open for peaceful demonstrations for at least one hour before, throughout, and one hour after the governor’s annual address. The state retains the authority to put security measures in place inside the rotunda and elsewhere in the State House, but those measures cannot be used to exclude peaceful demonstrators from the space during the specified window.
Steven Brown, executive director of the ACLU of Rhode Island, described the outcome as a constitutional milestone. “This is an important reaffirmation of First Amendment rights in a space that serves as a quintessential forum for free speech activity,” Brown said.
Eric Hirsch, acting director of the Rhode Island Homeless Advocacy Project, welcomed the result. “The Rhode Island Homeless Advocacy Project appreciates the ACLU of Rhode Island’s filing of a successful lawsuit to guarantee those rights,” he said.
By the Numbers
Key details from the settlement and underlying events include:
- January 14, 2025: The date protesters arrived at the State House and were redirected away from the rotunda.
- 4:30 p.m. to 10 p.m.: The window during which stanchions blocked access to the rotunda that evening.
- At least one hour before, during, and after the address: the minimum access period now guaranteed under the settlement.
- 2026: The settlement’s approach was already reflected in how this year’s State of the State Address was handled in January.
Zoom Out
The case fits into a broader national pattern of disputes over public access to government buildings during high-profile political events. State capitol rotundas and public atria have historically been treated by courts as traditional public forums, carrying strong First Amendment protections. Challenges to access restrictions in these spaces have frequently resulted in settlements or rulings favoring demonstrators, particularly when the government cannot demonstrate a compelling security rationale for a blanket exclusion.
Rhode Island’s legislature has also been navigating a range of policy debates this year, including questions around technology regulation and artificial intelligence safeguards.
What’s Next
The settlement, now filed in federal court, is binding on future administrations. Any governor who takes office after McKee will be required to keep the rotunda open under the terms of the agreement during their State of the State address. It remains to be seen whether the state will issue updated guidance to Capitol Police outlining how security protocols must be structured to comply with the settlement’s access requirements going forward.