Student group sues University of Maryland over decision to cancel Oct. 7 vigil

The University of Maryland’s chapter of Students for Justice in Palestine filed a federal lawsuit against the school Tuesday after the organization’s approval to hold a vigil on Oct. 7 was revoked.

Palestine Legal and the Council on American-Islamic Relations sued on behalf of the student group in U.S. District Court against the University System of Maryland’s Board of Regents, the University of Maryland, College Park, and UMD President Darryll Pines.

“Even though I’m glad we took this action, my preference would have been that we didn’t have to do that at all, that we could have planned our event and executed it to its greatest effect so that we can have the most awareness about our mission,” said Abel Amene, a member of the SJP executive board and a fourth-year student at UMD.

The lawsuit alleges that the student group’s First Amendment rights were violated after it was no longer allowed to hold an “interfaith vigil” Oct. 7, a year after an attack by the terrorist organization Hamas on Israel sparked the war in Gaza. The attack killed around 1,200 people and about 250 were taken hostage. Since then, the war between Israel and Hamas has killed more than 40,000 in Gaza, according to August numbers from Gaza’s Health Ministry as reported by The Associated Press.

“The First Amendment does not allow campus officials to establish free expression-black-out days, even on occasions that may be emotional or politically polarizing,” the lawsuit argues.

UMD SJP had submitted a reservation for McKeldin Mall, a 9-acre grassy area in the middle of campus where students can reserve space, in July, and received approval. The vigil was meant to include other events such as “teach-ins about Palestinian history, culture and solidarity among between Palestinians and other marginalized groups” as well as a display of kites and interfaith prayers.

In an August meeting, Pines and Vice President for Student Affairs Patricia Perillo told UMD SJP’s executive board that they had received “pressure from groups inside and outside of the University” to revoke the group’s reservation, according to the lawsuit. But Pines and Perillo said they were committed to protecting students’ free speech, the lawsuit said.

Letters had been sent to university officials about SJP’s reservation, which the lawsuit alleges were based on stereotypes about the student group and disagreement with its perceived message. CAIR and the Islamic Maryland Action Network launched an action campaign in response to the letters, sending more than 15,000 letters to the university, said Zainab Chaudry, director of CAIR’s Maryland office.

“The intention behind this campaign was to push back against that pressure and to compel university officials to not pick sides or not engage in viewpoint discrimination by amplifying one side over the other and allowing students who support Palestinian human rights, as well all human rights, to have their say in being able to express themselves and engage in campus activities just as they would if they were championing any other cause,” Chaudry said.

During a Sept. 1 meeting with UMD administrators, SJP was told its Oct. 7 reservation was revoked, and Pines and Perillo explained that the university would announce that only university-sponsored events would be allowed on that date, the lawsuit said.

Pines sent a letter to the campus community Sept. 1, announcing that after consulting with the University System of Maryland, “Jointly, out of an abundance of caution,” only university-sponsored events promoting reflection would be hosted.

USM also released a statement Sept. 1, saying universities were doing all they could within the law to protect student safety and their right to free expression. A later clarification said the system is asking campus communities to “encourage activities that support a Day of Dialogue.”

The university pointed to the Sept. 1 letter, declining to comment on the lawsuit, and a spokesperson for USM said the system does not comment on pending litigation.

In response to the Sept. 1 letters, SJP and Jewish Voice for Peace released statements denouncing the university’s decision. The Jewish Student Union at the university posted a statement saying the group was “reassured” by the decision to host only university-sponsored events and shared that an event to memorialize Oct. 7 will be held at Maryland Hillel.

“We are grateful to be on a campus where our leadership has our safety at heart, and are unafraid to make difficult decisions,” the statement read.

Ari Israel, executive director of Maryland Hillel, which “serves one of the largest and most dynamic Jewish campus communities,” according to the website, expressed gratitude for Pines’ leadership in a statement sent to The Baltimore Sun.

“Under the circumstances, we believe the University emphasized being thoughtful about student safety and are appreciative of the University’s decision regarding student gatherings on October 7th,” the statement read.

The lawsuit calls for an injunction allowing SJP to hold its event Oct. 7, declare Pines’ “Expressive Conduct Ban” as unconstitutional and award the student group damages for the violation of First Amendment rights as well as the cost of attorney fees. What SJP wants is to hold its event Oct. 7, “That’s it,” Amene said.

“We just want to have our rights restored and be able to organize as any other student organization would, and reserve space as any other organization would,” Amene said.

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