Elkhart County adopts rules for nongovernmental events on historic courthouse lawn and new judicial center; insurance requirement draws public concern

The Elkhart County Board of Commissioners on Sept. 29 unanimously approved an ordinance establishing rules and permit requirements for nongovernmental expressive activity on the historic Goshen Courthouse lawn and on the Elkhart County Judicial Center property.

County Attorney Steve Olson told commissioners the ordinance defines the two properties, creates a uniform, viewpoint-neutral application process and sets time, place and manner restrictions intended to allow expressive use while limiting county liability. "There is an ordinance already in place . . . going back to the 18 hundreds related to use of these properties," Olson said, and the new measure updates and clarifies those rules for the two locations and for the new judicial center property.

The ordinance requires a completed application signed by an on-site representative age 18 or older, and lists factors the commissioners may review from a viewpoint-neutral perspective, including prior compliance and whether the proposed use would interfere with government operations or public use. Olson said organizers must accept responsibility and provide indemnification and insurance to protect the county from liability.

Under the ordinance, groups anticipating 50 or more attendees must show liability insurance with limits of $1,000,000 per occurrence and $2,000,000 aggregate. Olson said smaller gatherings of fewer than 50 people may instead provide a personal guarantee rather than insurance, but the county reserves the right to require insurance if attendance rises above the stated estimate. "If that number grows greater than that, the county reserves the right to have to say the event has to be terminated or obtain insurance immediately on that event," Olson said.

The ordinance specifies authorized areas and hours: events may not begin before 8 a.m. and must conclude, including cleanup, by 9 p.m. on permitted days. For the historic courthouse lawn, events on days the facility is closed are permitted on the lawn; for the new judicial center, events during hours the facility is open are limited to the judicial center open area (a grassy area west of the parking lot). Olson said the ordinance also clarifies that interior facilities, gated areas and employee parking remain off-limits for nongovernmental expressive uses.

The code also restates prohibitions: interference with government operations, disruption of public access, loitering (prohibited between 10 p.m. and 5 a.m. without prior written consent of the board), vandalism (including affixing or writing on improvements), littering (including the fountain) and other conduct that would damage county property. The ordinance includes a penalty provision allowing fines up to $2,500 per violation and recovery of enforcement costs; the county attorney said the ordinance will take effect on adoption except the penalty provision, which becomes effective Oct. 13, 2025.

Members of the public raised concerns during the meeting. Doug Graham of Goshen asked whether prospective political candidates would have to buy insurance for an event; Olson replied the ordinance is uniform and applies "viewpoint neutral[ly]" regardless of the content of the speech. Jennifer Shell of Goshen said she feared the insurance requirement could "place an undue burden on people trying to exercise their First Amendment rights in a peaceful way" and warned it could have a "serious chilling effect on speech in this county." Julia Gauche of Goshen raised similar concerns for individuals who are not part of a larger organization and who may find it difficult to obtain a short-term insurance rider.

One commissioner, after public comment, said the board should "keep an eye on this, even if it's approved and . . . maybe revise it if people are having trouble getting that" insurance, noting the need to balance protection of taxpayers with protecting free speech.

The board voted to adopt the ordinance unanimously. Olson said the ordinance will be published according to state law and a signed copy will be made available after adoption.

The ordinance creates a permit-based process for expressive events on the two specified county properties, sets insurance and cleanup responsibilities for organizers, clarifies prohibited conduct and establishes fines and enforcement mechanics going forward.