TEMPE, AZ — A U.S. District judge denied a motion Friday for a preliminary injunction to lift the suspension for 20 Arizona State University students who were arrested for trespassing during Pro-Palestine protests last week at the campus.
The decision solely focused on whether a preliminary injunction, or temporary restraining order would be granted, it did not address the trespassing charges.
The lawsuit was filed against the Arizona Board of Regents in federal court on Tuesday, accusing ASU of violating students' free speech rights and retaliating against students who attended the protest.
“Getting a restraining order or preliminary injunction is a very high burden, very difficult to do so I wouldn’t say I’m surprised,” said attorney David Chami, who is representing the 20 ASU students in this case. He added that the university took disproportionate force.
"The actions that they used to arrest and the decision they made to suspend without having all of the evidence sets to be contrary to what we do in this country — innocent until proven guilty, right? In this case, the school decided to suspend even before they had all the evidence, all the facts.”
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The suspension means the 20 ASU students cannot go on to campus or communicate with their professors, which Chami argued will cause “irreparable harm” because it means the students will not be able to enroll in summer or fall classes, and in the case of Breanna Brocker, who is a senior at ASU, will not be able to graduate.
“I’m being restricted from a lot of things right now that I didn’t expect to be for standing up for something I believe in, you know I have family coming in who I have to let them know not come to my graduation ceremonies,” Brocker told ABC15.
Federal judge John Tuchi said the plaintiffs couldn’t provide sufficient evidence of irreparable harm and didn’t provide enough evidence to meet the thresholds of merits on First Amendment rights.
However, attorneys with the Arizona Board of Regents vowed, on the record, that student services would work with the ASU students on their grades in this case to take their final exams or outstanding assignments if their suspension is lifted as they go through the court process.
