Rhode Island news
RIC faces lawsuit over removing signs
01:00 AM EST on Tuesday, December 5, 2006
PROVIDENCE — The Rhode Island Affiliate of the American Civil Liberties Union yesterday filed a federal lawsuit against Rhode Island College, claiming the public college violated the First Amendment rights of a student group by removing signs that said “Keep your rosaries off our ovaries.”
The Women’s Studies Organization and three of its student officers are asking U.S. District Court in Providence to declare the college’s actions unconstitutional.
“College is a place for the free expression of ideas,” said the student group’s president, Nichole L. Aguiar. “RIC has denied our organization those rights and we have decided to take action to ensure that RIC is a better place for all students.”
A college spokeswoman said the school had not been served with the legal papers as of late yesterday. But in a statement, RIC said, “The college respects and encourages the free speech rights and freedom of expression of all members of the college community as basic elements of higher education.”
The student group said it placed a series of six signs along the entrance to the campus on the evening of Dec. 4, 2005. Aguiar said the group was preparing for activism the following day on women’s issues such as reproductive freedom and “specifically, the refusal of contraception by pharmacists.”
The signs, when read together, stated, “Keep your rosaries off our ovaries,” “Our bodies, our choice,” and “Brought to you by RIC Women’s Studies Organization.”
But according to the lawsuit, a Catholic priest saw the signs a couple of hours after they went up as he drove onto campus to conduct a weekly Mass at the college president’s residence. And when the priest mentioned the signs, President John Nazarian immediately contacted the campus police and ordered them to take the signs down, according to the suit.
According to the suit, the students had been told they had taken all necessary steps required to post the signs, but Nazarian later told them that additional approvals were required for the signs and that only college-made signs directing people to places on campus were allowed in that location.
But the student group said areas along both entrances to the campus have often been used for temporary signs relating to events, issues and expression. And at the time, the college did not have a formal policy about such signs, according to the lawsuit.
Last winter and spring, the student group again sought permission to put up signs in connection with a day of activism in support of reproductive rights, according to the suit. The day was to include a speaker, and the signs were to include directions to the event.
But the college denied that request after adding a new, handwritten line to the standard form – indicating that “administration” approval was now necessary.
And in September, the college amended its policy on event planning by student groups, stating in part that, “As a matter of traffic safety, signs along College Road are not permitted. Signs announcing a specific program/event, whether sponsored by the college administration or other organizations, must be requested and approved in advance. All such signage will be produced by college personnel in accordance with design criteria and placed in the designated areas by college personnel.”
Yet students, organizations and the college itself continue to plant signs in violation of the new policy, and the college hasn’t tried to remove those signs, according to the student group. The suit claims the new policy is being enforced selectively and asks the court to declare the policy unconstitutional under the U.S. Constitution and Rhode Island Constitution.
“It is unfortunate to see the free speech rights of students on such an important public issue violated by an institution of higher education,” volunteer ACLU lawyer Jennifer Azevedo said, “and we are hopeful for a favorable court decision vindicating those rights.”
Azevedo said the suit would not have been filed if RIC were a private college. “A public university can’t abridge anyone’s free-speech rights, including students,” she said.
The suit also accuses the college of breach of contract, saying the Student Bill of Rights guarantees freedom of expression and protest as long as it does not disrupt essential college operations, damage property or obstruct entrances to college facilities.
Aguiar said the student organization tried to negotiate with the college over the past year. She said students were seeking recognition that their free speech rights had been violated, but that never happened.
Rhode Island College spokeswoman Jane E. Fusco said, “During this entire ordeal, the college has been cooperative and trying to work with this college organization, and it will continue to.”
Fusco said the signs were not removed because of the “viewpoint” they contained. Rather, she said, “When they first appeared, they were without any program or venue to support the slogan and they were in an area on the main college road where we don’t generally erect signs.” She said the college has designated areas for signs, such as near the main administration building.
Fusco said the Rev. Michael Najim is a part-time campus minister who celebrates Mass at the college once a week. The Masses, which are open to the public, used to be celebrated in the Student Union, but when that building was under renovation, the Masses moved to the president’s residence, she said.
While Father Najim might have mentioned the signs to Nazarian, Fusco said, “I have never heard that that is the reason the signs came down.”
Fusco denied that the college is selectively enforcing its policy on signs. “It is a policy we try to keep consistent for all organizations and events on campus,” she said.
Aguiar said signs supporting ballot questions have been placed along campus entrance roads and signs for politicians such as U.S. Senate candidates Sheldon Whitehouse and Lincoln Chafee have appeared elsewhere on campus.
Fusco said the college asks that political signs be removed when it becomes aware of them, unless the signs are in designated areas. She said the college did allow signs promoting ballot Question 4, which provided $7.79 million for building renovations and site improvements at RIC, “because it would benefit all RIC students and the Rhode Island community at large.”
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