Protesters allege civil rights violations following no-trespass order at Iowa City encampment

Thirteen protesters allegedly connected to an attempted encampment on the University of Iowa campus have filed a civil suit against campus police and the State Board of Regents, accusing law enforcement of infringing on their right to protest.

"Several individuals" gathered on the morning of May 6 to "advocate for a free, liberated Palestine" in the University of Iowa's Hubbard Park near the intersection of Madison Avenue and Iowa Avenue, according to court documents. That morning, the group "worked to erect a camp" that was "part of their political protest in support of Palestine."

Not long after, University of Iowa police arrived and told protestors to remove their encampment materials. The lawsuit said the protestors "complied" with law enforcement's request. Eventually, according to the UIPD, officers removed chicken wire, wood pallets, and plywood from the park.

The UIPD said they were alerted to the demonstration around 7:18 a.m. on May 6 and allegedly approached the protestors to inform them that the camp violated university policy under a code for “conditions of use of university facilities and outdoor spaces.”

A group called the University of Iowa Action for Palestine allegedly organized the encampment near the Iowa Memorial Union, according to social media posts.

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Protestors attempt to set up encampment

According to the University of Iowa news release on May 6, the group started to build a fence to "reinforce the camp" with chicken wire, wood pallets, a sheet of metal, and plywood with handles. UIPD said officers started to remove the materials around 8 a.m. and provided a "final warning" that the encampment organizers needed to leave or they "could be arrested."

No arrests were made, and "organizers ultimately chose to leave," according to the police department.

The group @uiowa.action.for.palestine made its first post on May 6 on Instagram.

Its bio on the social media platform reads, "An autonomous network of students, community members, alumni, and staff organizing and acting for a free, Liberated Palestine." The Instagram post, made around 7 a.m., included a video of what looked like Hubbard Park with several camping tents scattered throughout.

Press-Citizen staff saw roughly seven people clearing Hubbard Park of debris and other items around 9:45 a.m. on May 6, though no demonstrators were present.

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Police issue no-trepassing orders after protest

The lawsuit, which was filed on Wednesday, May 22, accuses a University of Iowa police officer of contacting 13 protesters and issuing them no-trespass orders in the days following the attempted encampment. The orders allegedly imposed a six-month ban on each person from "being present on any University of Iowa 'outdoor spaces unless simply traversing the property."

The lawsuit identifies six individuals who were issued no-trespass orders as students. Three others are employed at a property owned by the State Board of Regents.

The orders allegedly stretch through early November. According to the lawsuit, if the plaintiffs violate the order, they could be arrested and charged with criminal trespassing.

The lawsuit argues that the no-trespass orders are an "overbroad and an illegal infringement" of the plaintiff's First Amendment rights to freedom of speech and protest.

The suit accuses the University of Iowa and the Regents of violating civil rights, saying that their right to demonstrate and "express" activities on University of Iowa property has been "damaged" for "fear of arrest, citation or prosecution."

A University of Iowa spokesperson told the Press-Citizen that "the University of Iowa does not comment on litigation."

The Press-Citizen requested a copy of the no-trespass order allegedly distributed to the 13 protestors, but it was not provided.

Protesters seek injunction, damages

The filing asks the court to issue an injunction for the no-trespass orders, arguing that "irreparable injury" will result from the ongoing "threat of continued prosecution for exercising their constitutional rights."

The first of two counts of the lawsuit addresses constitutional protections outlined in the First, Fifth, Ninth, and 14th Amendments. The argument hinges on whether the court will agree that orders impact protesters' rights to free speech and expression, assembly, and the ability to petition the government.

Des Moines-based attorney Gina Messamer, representing the protesters, argues that the no-trespass orders "necessarily prohibit" protesters from all types of free speech and expression, including "core political speech," and the protester's "fundamental right of free movement."

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Protests and demonstration guidelines for Iowa colleges

U.S. Supreme Court precedent and the Iowa Board of Regents expression guidelines indicate that they can place "reasonable" time, place, and manner restrictions on speech "for public safety." The University of Iowa frequently defers to time, place, and manner restrictions in its free speech policy.

The Regents' Freedom of Expression code says a "debate" or "deliberation" shouldn't be "suppressed" because of viewpoints that "some or even" most members of the "campus community" consider to be "unwelcome, disagreeable, or offensive."

The code also says universities can't "discriminate against or deny educational benefits to any member of the campus community because of the member’s viewpoint or expression of that viewpoint as protected by the First Amendment of the Constitution of the United States."

Such restrictions are subject to a court decision to determine whether they are content-neutral, narrowly tailored and provide for ample alternative methods of expression.

The civil suit requests a trial by jury.

Ryan Hansen covers local government and crime for the Press-Citizen. He can be reached at [email protected] or on X, formerly known as Twitter, @ryanhansen01.

This article originally appeared on Iowa City Press-Citizen: Iowa protesters accuse UI police, Regents of violating civil rights