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Judge orders UNM to halt security fee for speech events
Riley Gaines speaks for the Independent Women鈥檚 Forum at an Our Bodies, Our Sports rally in Washington, D.C., in June 2022 during the NCAA convention. Gaines spoke at the University of New Mexico in October 2023.
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A federal judge this week barred the University of New Mexico from charging a security fee for campus speech events in response to a lawsuit filed by two groups that brought a conservative speaker to UNM in 2023.
U.S. District Judge David Urias also ordered UNM not to seek payment of a $5,400 security fee from Turning Point UNM, a group that brought former collegiate swimmer and conservative activist Riley Gaines to UNM in October 2023.
Urias found that UNM鈥檚 security fee policy infringes on the constitutional speech rights of the student groups and issued an injunction prohibiting UNM from assessing the fees for speech events.
The lawsuit was filed in February in U.S. District Court in Albuquerque by Leadership Institute, a nonprofit group that supports conservative student organizations, and Turning Point USA at UNM, which organizes conservative speaking events.
It identified UNM President Garnett Stokes and other UNM officials as defendants.
鈥淭he court agrees with plaintiffs that the security fee policy chills Leadership Institute鈥檚 speech in several ways,鈥� wrote Urias, who was appointed by President Biden in 2021.
If the groups fail to pay the security fee invoice, 鈥渢hey may be prohibited from holding future events or face other negative consequences,鈥� Urias wrote in his 16-page order.
In his conclusion, Urias prohibited UNM 鈥渇rom enforcing the security fee policy鈥� for speech events 鈥渁nd the collection of payment for security fees related to the Gaines event.鈥�
UNM officials issued a written statement Friday saying the university will comply with the order and is 鈥渃ommitted to the First Amendment and the right of free speech on campus.鈥�
鈥淯NM intends to comply with the court鈥檚 order, which was limited to speech events,鈥� the statement said. 鈥淲hile UNM can no longer charge fees for the security it provides for speech events, UNM remains committed to ensuring the safety of our campus and the safety of our students, faculty, staff and visitors.鈥�
Jonathan Gonzales, co-president of Turning Point UNM, said the court recognized the 鈥渄ouble standard鈥� of UNM鈥檚 security fee policy.
鈥淲e are so thankful for this injunction,鈥� Gonzales said in a written statement. 鈥淲e have to keep speaking up and fighting for what is right. That is the only way to protect our most fundamental rights as Americans.鈥�
Riley Gaines
Gaines, a former standout swimmer for the University of Kentucky, has spoken nationally in opposition to the participation of trans women in women鈥檚 sports.
Her college speaking events have at times drawn protests. In April 2023, six months before her UNM appearance, Gaines drew a large protest at San Francisco State University that required campus police to guard her, according to news reports.
A leader of Turning Point UNM submitted an event request form to UNM officials in August 2023, several months before Gains appearance at UNM. The group anticipated about 100 people to attend.
Joseph Silva, chief of the UNM Police Department, presented the group with an invoice of more than $10,000 to pay for a security force of 30 police officers. After a series of meetings, Stump agreed to lower the fee to $7,420.
Gaines spoke at UNM鈥檚 Student Union Building on Oct. 4, 2023. The event drew fewer than 10 protesters who were 鈥減eaceful and non-disruptive,鈥� Urias wrote in his order.
After the event, UNM issued Turning Point UNM a final invoice of $5,384 for 27 UNM Police officers who staffed the event.
Turning Point USA has brought other conservative speakers to UNM, in some cases prompting protests. Those speakers include Ian Hayworth in October 2022 and Tomi Lahren, which drew about 100 protesters in September 2022.
Urias said in his order that UNM鈥檚 security fee policy gives UNM officials 鈥渙verly broad discretion鈥� to assess security fees and 鈥渦ltimately leaves the decision of how much to charge for security up to the whim of university officials.鈥�
Urias sided with the argument of Leadership Institute that the fee policy is 鈥渧ague and overbroad,鈥� giving UNM officials 鈥渦nbridled discretion鈥� to set fees for speech events.
鈥淎dditionally, the preamble to the policy indicates that university officials 鈥渕ay鈥� assess security fees but does not provide guidance for when they may or may not assess these fees,鈥� Urias wrote.
