Providence
RIC, campus group settle suit over signs
01:00 AM EDT on Wednesday, September 26, 2007
PROVIDENCE — The Women’s Studies Organization at Rhode Island College has won $5,000 from the college in the settlement of a lawsuit over the organization’s right to post signs on the campus saying, “Keep your rosaries off our ovaries,” or similarly controversial expressions.
RIC also has agreed to pay $6,350 in attorney’s fees to the Rhode Island affiliate of the American Civil Liberties Union, which went to U.S. District Court on behalf of the organization in what the ACLU said was a free-speech dispute.
The issue arose in December 2005 when RIC President John Nazarian ordered the removal of signs posted by the Women’s Studies Organization, after a Catholic priest who was on campus to conduct a weekly Mass at the president’s residence mentioned their presence.
There were six signs along the entrance road to the campus which, when read together, stated, “Keep your rosaries off our ovaries,” “Our bodies, our choice,” and “Brought to you by RIC Women’s Studies Organization.” The signs went up to promote activities on women’s issues that were to be held the next day.
After the signs were removed, the organization sued, saying that its First Amendment rights had been breached.
In the negotiated settlement announced by the ACLU yesterday, RIC does not admit any liability for having removed the signs.
The college has adopted what the ACLU described as a uniform policy regarding signs and displays on college roadways, and retains the right to limit the signs to giving directions to campus events.
However, according to the settlement, an event sponsor will have the right to dictate the name of the event and the supporting sign text. So a sign directing visitors to an event titled “Keep Your Rosaries Off Our Ovaries Forum” would be acceptable, explained Steven Brown, executive director of the ACLU affiliate.
The policy requires that the directional signs be made by the college “to foster and maintain an uncluttered and attractive entrance to the campus.” The policy, according to the ACLU, does not limit sign postings at other locations on campus.
RIC said in a statement that it is pleased by the agreement with the Women’s Studies Organization and said the dispute was never about free speech or freedom of expression.
“It was a matter of miscommunication of the campus sign policy that has now been clarified,” the college said in a statement issued by spokeswoman Jane Fusco. “Throughout the entire matter, the college has always supported the First Amendment rights of its students, and will continue to do so.”
There was confusion about the original incident. In the suit, the students said they had been told that they had taken all the necessary official steps to post the signs, but that Nazarian later told them that additional approvals were required and that only college-made directional signs were allowed in that location.
The settlement was cheered by Jennifer Magaw, organization president, who said in a statement, “I hope this settlement will encourage other student groups to be more vocal with their views. College is a place for the free exchange of ideas and I can now be proud to say I attend a school which allows the free speech rights that are essential to a learning community.
“I look forward to broadening the dialogue on women’s rights in the coming year.”
At one point, the lawsuit gained added attention when the college submitted a legal brief in court that contended that it is not a governmental entity, although it is state-owned, financed and operated, and that Nazarian is not a government employee.
RIC is a unit of the Rhode Island Board of Governors for Higher Education, which is a “public corporation,” the college said in its legal argument. For that reason, among others, RIC asked that the suit be dismissed.
While RIC’s lawyers were trying to take advantage of the subtleties of federal case law on civil-rights matters, the contention raised a brief hue and cry over whether it passed a common-sense test. Frank Caprio, chairman of the Board of Governors for Higher Education, and Jack R. Warner, state commissioner of higher education, had the argument withdrawn.
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