Arrested students apply for a post-suspension restraining order and discuss arrest treatment

All 20 students arrested at a pro-Palestine demonstration on April 26 and 27 have filed a lawsuit against the Arizona Board of Regents for violating their freedom of speech. The group is hoping for an injunction from the court that would temporarily lift the suspension imposed on students so they can complete outstanding assignments and final exams.

The lawsuit, filed April 30, is being considered in the U.S. District Court for the District of Arizona.

According to an ASU spokesperson, there were a total of 72 arrests, 20 of which were students. Similar camp-style protests took place on several college campuses across the U.S., including Columbia, USC, UCLA and more. According to the New York Times, pro-Palestinian protesters have been either arrested or detained on up to 60 college campuses since April 18.

There were three arrests on the morning of April 26th, which lasted until after 11 p.m. This was the deadline for clearing the area given to the protesters by the ASU administration. After the deadline, 69 more people were arrested in the camp. Those arrested were charged with third-degree criminal trespassing, which is defined as refusing to leave a property when requested by law enforcement, according to Arizona Statute 13-1502.

READ MORE: ASU confirms 69 people were arrested outside of Old Main in response to the encampment early Saturday morning

“The April 26 encampment was more than a protest,” the university wrote in a statement released May 2. “There were multiple violations of university or ABOR policies, including tents, overnight attendance, creating a disturbance on the university, and staying in a reservable room that was not reserved by ASU students, according to the policy.

According to an ASU police spokesperson, on Sunday, May 5, a pro-Palestinian protester was arrested on suspicion of destroying an ASU sign during the camp. At the time of the arrest, a pro-Israel rally was taking place at University Drive and College Avenue, where this individual counter-protested.

READ MORE: Pro-Israel organizations hold a rally to take a stand and unite the Jewish community

Like many universities where arrests have occurred, ASU has faced criticism, particularly over the use of Arizona State Troopers on students and reports that police illegally removed students’ hijabs during the arrests.

During the camp raid, Emma Davis, a first-year architecture student, linked arms with other protesters to protect each other and their belongings from law enforcement interference. She said state troopers approached the protesters and dismantled their property, including the tents and resources they had set up throughout the day. Police then began separating the protesters and untying their arms.

“When they got to me, they forcibly pulled me away from the group and from then on I offered no resistance at all,” Davis said. “It was two men who violently pulled me to the ground and arrested me from there.”

According to Davis, those arrested were taken to “two large buses” where their hands were bound with cable ties and chains were placed around their feet. Davis also said all face coverings had been removed, including some people’s hijabs.

The protesters were taken to a detention center in Maricopa County, where they were divided into groups of about 20 people and placed in different rooms. According to Davis, their group remained there for nine hours until they were processed and taken to the Lower Buckeye Jail, where they were given release conditions by the court. Davis said the dismissal conditions allowed “students or anyone living on campus to return to campus to continue the semester,” but non-students would be banned from campus for a year.

Davis said she received an email from ASU the next day informing her of her interim suspension. The suspension prohibited the arrested students from living or residing on campus, contacting professors, and completing homework and final exams. This also prevented seniors from attending spring 2024 graduation ceremonies such as:

David Chami, the attorney representing all of the students in the lawsuit and a graduate of ASU’s law school, said those arrested were specifically targeted for their cause.

He called ASU’s disapproval of protesters’ use of megaphones and Bluetooth speakers “hypocritical,” while others in the area who did not attend the protest used speakers without facing consequences. He also pointed to ASU students who were not part of the camp messing with protesters’ belongings, throwing away tents and stepping on Palestinian flags after 11 p.m., without consequences or suspensions.

Chami pointed to his time at ASU’s student legal services before becoming a managing partner at Consumer Attorneys. As an attorney, he has worked with students accused of vandalism or crimes that resulted in financial losses to the university. He compared their punishments to the experiences of the protesting students, saying those crimes generally did not result in suspension, among other things.

“This was done to deter future speeches,” Chami said. “It was done to send the message that protesting will have serious disproportionate consequences.”

Chami is currently representing the 20 arrested students in that lawsuit, but a separate civil rights violation lawsuit could be filed.

According to Chami, police violated the civil rights of students whose religious head coverings were removed during the arrest. Chami said they should not have been removed publicly or by male officials. Chami said he would likely work closely with lawyers for “three of the four women” whose hijabs were removed, although he is not currently representing them in that separate case.

The judge initially denied the injunction without prejudice, meaning the judge would reconsider the request at a later date if Chami can gather evidence that the students arrested during the protest were treated differently than students in similar circumstances.

The council released statements saying that if the suspensions were lifted, students would be given the opportunity to complete their assignments and final exams. However, final grades were due May 6, as was ASU’s graduate and undergraduate commencement ceremony.

ABOR responded to the lawsuit’s claims that it violated students’ freedom of speech.

“The Board defends and upholds the First Amendment right to free speech,” an ABOR spokesperson wrote in an email. “Individuals exercising these rights must still comply with all applicable laws, University regulations and the ABOR Code of Conduct. These rules and laws are designed to protect teaching and learning on campus, uphold individuals’ rights to freedom of expression, and prioritize safety.”

ASU President Michael Crow took the opportunity to speak on the topic of free speech at ASU’s commencement ceremony on Monday.

“Your final task,” Crow said to students in the spring 2024 graduate class. “Each of you will find a way to choose one or all of these: freedom of expression, freedom of religion, freedom from want and freedom from fear . And work on it and your life will have great meaning.

Chami said the university’s claims that it supports free speech were “hypocrisy at its finest.”

“Fight for freedom of expression,” Chami said. “But if you do, you will be suspended from this university and possibly barred from ever entering again.”

Editor’s note: This is a developing story and may be updated.

Edited by George Headley, Abigail Beck and Alexis Heichman

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