The Arizona Students Association filed a federal First Amendment lawsuit against the Arizona Board of Regents Tuesday morning.
The decision to sue ABOR, the governing board for the state’s public universities, comes a week after ABOR’s decision to eliminate ASA’s $2 fee, which before was mandatory, and make it an opt-in contribution, leaving the decision to donate up to each individual student.
Brendan Pantilione, who serves on the ASA Board of Directors, said the lawsuit was filed because the regents’ decision was “a direct retaliation for our support of Prop 204.”
The majority of ASU student-government leaders, including USGD President Joseph Grossman, stepped down from the ASA Board of Directors in September, openly opposing the Boards’ decision to use student funds to help Proposition 204, an extension of Proposition 100’s one-cent sales tax increase. Prop 204 did not pass in November’s election.
“Prop 204 fit right in line with our mission statement,” Pantilione said. “But our funding is what made the regents start to look into our fee. The action they took is basically a retaliation for student’s First Amendment right to use their political voice.”
ASA is a 501c4, or a nonprofit organization that can be politically active.
Pantilione said the regents’ decision left ASA with two options: File a lawsuit, or agree to get walked on.
Student Regent Tyler Bowyer said ASA’s actions are proving why student leaders acted out against ASA in the first place.
“This shows that those leaders were right,” Bowyer said. “The organization that acts as a liaison between students and regents is now suing the regents. It’s just mind-blowing to me.”
Bowyer held that the regents have the right to render, change and diminish any fees it sees fit, and he doesn’t believe the case will go far.
“The bigger issue here is how student money is being spent,” Bowyer said. “It’s really sad to see student funds being used in a way they were never meant to be spent.”
Bowyer isn’t the only one concerned about how ASA is paying for the lawsuit. USGD President Grossman said the move is a “last-ditch effort to prove they deserve mandated funding.”
“ASA is still using reserves of student funds,” Grossman said. “Every time they meet with a lawyer, that’s money straight out of students’ pockets.”
Pantilione, however, said that the funds were going to a good cause and would be returned to ASA in the long run.
“We are using student dollars to fight for students’ right to exercise their First Amendment rights and be politically active,” Pantilione said. “And since this is a First Amendment case, I do believe we will win and those dollars will come straight back to us to continue to fight for students.”
Bowyer said the regents have not been officially served with the lawsuit as of Tuesday evening.
“ASA made the unfortunate move of announcing their lawsuit,” Bowyer said. “It’s a PR move, and it’s bad PR.”
Grossman said he thinks the move will damage ASA more than the regents’ initial decision.
“I think this is all ridiculous,” Grossman said. “This is a last-ditch effort to prove they deserve mandated funding, but they’re doing it the wrong way. This is going to hurt them even more.”
Pantilione, who resigned from the position of USG Vice President of Policy in Tempe this semester, said it’s unfortunate to see a lawsuit being filed, but the regents left ASA no choice.
“They are telling students they can’t be politically active,” Pantilione said. “And that’s not okay.”
Contact the reporter at kevin.p.fallon@asu.edu
