A federal judge has issued a preliminary injunction against the University of New Mexico (UNM) following a lawsuit filed by members of the university’s Turning Point USA (TPUSA) chapter. The lawsuit accused the school of “viewpoint and content discrimination” after imposing a security fee of more than $5,000 for a speaking event featuring former collegiate swimmer and women’s rights activist Riley Gaines.
Last year, UNM officials informed the TPUSA chapter that the event could not proceed unless the group paid thousands of dollars in security fees. Initially estimated at over $10,000, the fee was eventually reduced but still stood at $5,384.75.
TPUSA members, along with the Southeastern Legal Foundation, filed a lawsuit against the university in response to the security fee. The plaintiffs argued that while the university officials are permitted to implement security fees on student organizations based on a list of arbitrary factors, they argued that the fee was “facially unconstitutional” because “[t]he First Amendment prohibits the vesting of such unbridled discretion in a government official.”
Now, US District Judge David Urias ruled that the university must cease enforcing security fees for “speech events.”
“Defendants are enjoined from enforcing the security fee policy vis-à-vis speech events and the collection of payment for security fees related to the Gaines event,” Urias wrote in his ruling. The court further determined that the preliminary injunction was necessary to prevent harm to the students, as the TPUSA chapter could be prohibited from holding future events or face disciplinary action.
Riley Gaines praised the ruling in a statement, saying, “Sadly, we see this all the time. Conservative student voices are silenced on campus through excessive fees blamed on security, like in this case, or other red tape that makes it harder for conservative students to use their voice on campus.”
