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Faculty, students sue UC over violating protester rights in spring encampment

Graeme Blair, an associate professor of political science and member of Faculty for Justice in Palestine at UCLA, speaks at a press conference announcing a lawsuit against the UC. Two faculty members and two graduate students filed the lawsuit Tuesday, calling for injunctions against the University. (Aidan Sun/Assistant Photo editor)

By Sam Mulick and Dylan Winward

Oct. 22, 2024 1:06 p.m.

Two students and two faculty members filed a lawsuit against the UC on Tuesday, alleging the University has unfairly repressed pro-Palestine protests. 

The lawsuit – filed by attorneys from the Southern California chapter of the American Civil Liberties Union – alleges the University violated the rights of protesters who participated in the spring Palestine Solidarity Encampment at UCLA. The plaintiffs in the suit are Associate Professor of Political Science Graeme Blair, Associate Professor of Anthropology Salih Can Açiksöz, art history doctoral student Benjamin Kersten and law student Catherine Washington.

Kersten, an organizer for Jewish Voice for Peace, said at a press conference announcing the lawsuit that he believes UCLA chose to illegally repress a peaceful encampment. 

“In so doing, UCLA ceded ground to an increasingly powerful right wing bent on attacking the autonomy of universities and civil rights,” they said in the press conference.

The suit seeks declaratory relief from the court, asking for the expunging of UCLA disciplinary records and the prevention of future academic discipline. The suit also asks the court to issue an injunction preventing the university from issuing dispersal orders based solely on suspected breaches of university policies.

The lawsuit lists as defendants the UC Regents, UC President Michael Drake and campus officials including Interim Chancellor Darnell Hunt, Administrative Vice Chancellor Michael Beck, Vice Chancellor of Student Affairs Monroe Gorden Jr., Associate Vice Chancellor of Public Safety Rick Braziel and Former Acting Chief of Police Gawin Gibson.

In the lawsuit, attorneys argue that the university cannot legally issue dispersal orders unless there is evidence of a crime being committed.

“Defendants lacked probable cause to arrest Plaintiffs because there was no underlying criminal offense that could justify the unlawful assembly declaration, which was based solely on violations of university policy, not on the existence of criminality, violence, or the clear and present danger of imminent violence, as required under California law,” the suit reads.

During the press conference, ACLU attorney Mohammad Tajsar called on the university to end the practice of calling in dispersal orders on protests that violate university policy but have not broken the law, adding that he believes the orders violate the state constitution.

“What we’re demanding through this lawsuit … is that the university come to terms with its own obligations to create the kind of learning environment that it professes to create and to end its practice of suppressing the constitutional and human rights of all individuals engaged in the pro-Palestine speech,” Tajsar said at the press conference.

The lawsuit also argues that using a third-party attack on a protest as pretext for breaking up that protest is illegal under the California state constitution. Blair, a member of Faculty for Justice in Palestine at UCLA, said at the press conference that UCLA tolerated violence against the encampment and falsely cited safety as the reason to sweep the encampment.

“I joined this lawsuit to ensure that the pretext of safety cannot be wielded again at UCLA – and I hope at other public institutions – to shut down speech because we must be able to speak up against this genocide,” he said at the press conference.

However, in an emailed statement, a UCLA spokesperson claimed the spring encampment broke the law and brought violence to campus.

“The encampment that arose on campus this Spring became a focal point for violence, a disruption to campus, and was in violation of the law,” they said in the statement. “These conditions necessitated its removal.”

Blair also said the lawsuit responds to arrests made of members of the encampment May 2, adding that students will continue to speak out about the war in Gaza and demand divestment from the UC. He also said that the UC previously tolerated encampments in relation to the Black Lives Matter movement and Occupy Wall Street movement, making their latest response inconsistent. 

“As an educator, I am disgusted by the use of the student conduct process to criminalize the actions of students who were standing on this quad five months ago and talking about one of the most important issues of our time,” he said.

The UCLA spokesperson also said in the statement that university attorneys are reviewing the lawsuit.

“UCLA fully supports community members expressing their First Amendment rights in ways that do not violate the law or our policies, jeopardize community safety, or disrupt the functioning of the university,” they said in the statement. 

Contributing reports by Shiv Patel, Campus politics editor.

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Sam Mulick | Features and student life editor
Mulick is the 2024-2025 features and student life editor and a PRIME senior staff writer. He was previously a News reporter. Mulick is a fourth-year sociology student from northern New Jersey.
Mulick is the 2024-2025 features and student life editor and a PRIME senior staff writer. He was previously a News reporter. Mulick is a fourth-year sociology student from northern New Jersey.
Dylan Winward | News editor
Winward is the 2024-2025 News editor and an Arts, Copy, Photo, PRIME and Sports contributor. He was previously the 2023-2024 features and student life editor. Winward is a third-year English and statistics student from London in the United Kingdom.
Winward is the 2024-2025 News editor and an Arts, Copy, Photo, PRIME and Sports contributor. He was previously the 2023-2024 features and student life editor. Winward is a third-year English and statistics student from London in the United Kingdom.
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