ANN ARBOR, Mich. – The American Civil Liberties Union has filed a lawsuit against the University of Michigan after trespass bans were issued to individuals who participated in pro-Palestine protests.
The lawsuit was filed on behalf of two undergraduate students, two recent master’s graduates and an individual affiliated with the university.
They all participated in pro-Palestine protests and have been issued bans by the university’s police department, that prohibit them from being on campus without the threat of criminal prosecution for trespassing, according to the suit.
The suit alleges that the university is disproportionately targeting pro-Palestine protesters with these trespass bans.
“The University’s use of trespass bans seems to be disproportionately targeted at these particular protestors, whose speech the University dislikes,” according to the suit. “Despite a long history of protest activity regarding countless issues at the University of Michigan, which has sometimes included acts of civil disobedience, it appears that no other group of protestors have been subjected to similarly broad trespass bans for the same or similar alleged activity.”
One of the plaintiffs, Jonathan Zou, a second-year undergraduate student, is only allowed to be on campus for class or to visit the medical center.
“For the simple act of using a megaphone to direct participants in a recent on-campus protest, campus police issued me a trespass ban that barred me from not only attending classes, but from stepping foot on any property within the entire UM system,” said Zou. “While my ban has recently been amended to finally allow me to return to class, I’m still forbidden from participating in protests and student organizing meetings, attending lectures and events, and meeting professors, classmates, and friends in person. I have a constitutional right to be on campus, go about my daily life and to participate in protests against the university. It’s absurd that my university is getting in the way of exercising my rights by threatening me with criminal trespass prosecution.”
In addition, the suit challenges the university’s policy that prohibits “disruptions” claiming it is vague, and suppresses their rights to free speech and due process.
The University of Michigan police officers can issue “trespass ban” documents on behalf of the university which bars the recipient from being on property that is owned or leased by the university, according to the suit.
These spaces include buildings, parks, open spaces, like the Diag, along with on-campus sidewalks and roads.
According to the lawsuit, the “Trespass Policy” lets officers issue these bans if the individual is:
- Committed or is suspected of committing a crime against persons or property while on campus
- Refused or failed to comply with established University rules that protect the health and safety of persons or property
- Disrupted lawful operations and functions of the University
- Demonstrated a risk of physical harm or injury to others or property
Here’s an example of what the front and back of a trespass ban form looks like:
“In general, the bans last a full year, but university officials have recently begun to extend some bans for even longer without explanation,” according to a release from the ACLU. “Bans have been handed out to protestors based on mere accusations of extremely minor conduct, such as jaywalking or using a bullhorn after being told not to.”
The lawsuit alleges the proceedings that happen after the bans take effect lack due process protections and just give plaintiffs time to convince the police department why it should amend or appeal the ban they issued.
“The right to speak and protest freely is fundamental to a well-functioning democracy, and it is especially important to protect this right on our public university campuses – even when its exercise creates controversy or makes others uncomfortable,“ said Ramis J. Wadood, staff attorney for the ACLU of Michigan. Unfortunately, in recent months police at the University of Michigan have arrested pro-Palestine protesters, forcibly cleared their encampment using pepper spray, implemented new policies prohibiting ‘disruptions,’ and are now indiscriminately banishing protesters from campus. We are suing the university to restore important free speech and due process protections to the college campus.”
Local 4 has reached out to the University of Michigan for comment and hasn’t heard back.
ACLU UM Complaint by snpowers on Scribd
