The Arizona Board of Regents is fighting back against a lawsuit filed over the collection of student fees. The suit asks that the Board's decision to force students to opt in to a $2 per semester fee for the Arizona Student's Association be overturned. Until that decision the fee was added into tuition and students who did not want to pay it, had to file a written request for a refund. The suit claims the board was retaliating against the student association by passing the opt in measure. In a new court filing, the regents say the reasons behind the decision are irrelevant. But, Stephen Montoya, who's representing the student's group says the board is right and wrong.

“The complaint is very careful in not saying that the Board of Regents had to do this,” Montoya said. “We’ve always said it didn’t have to do it, but once it did it couldn’t take away the privilege in a way that was retaliatory or discriminatory, which is a very different thing.”

It'll be up to a federal magistrate to decide if the regents acted legally. When that decision will come is not known.