Judge Issues Preliminary Injunction Against University of New Mexico Over Security Fees for TPUSA Chapter Event Featuring Riley Gaines
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.”
“Colleges and universities should be a place of critical thinking where different ideas are welcomed and encouraged. They should not be a place of political discrimination and suppression of First Amendment rights, like in this case. We are very grateful that the court granted this injunction and saw the irreparable harm that would come if these high fees were applied to our event,” Gaines added.
Kimberly Hermann, executive director of the Southeastern Legal Foundation, also welcomed the legal victory: “This is a major win in the battle to protect the First Amendment rights of college students, regardless of the viewpoint they express. Governments at every level – including state universities – must equally protect the right to free speech and expression. In this case, UNM enforced a high fee for students wanting to host Riley Gaines just because of who she was and what she was expected to say about the challenges of men competing in women’s sports. While we are still reviewing this opinion, we are very pleased with the preliminary injunction we received from the court in this case and look forward to moving forward to protect the rights of these UNM students.”
