Arizona Gov. Katie Hobbs signed a bill Wednesday making it a state crime for protesters and others to set up encampments on college campuses. The measure had bipartisan support.
The new law says administrators can direct anyone involved to vacate the school. Those who don’t comply could be arrested for trespass.
Gubernatorial press aide Christian Slater said the new law is necessary.
"The purpose of this legislation is to reinforce and strengthen existing policies, ensuring our universities and community colleges have tools available to ensure all students can learn and thrive safely, while protecting the ability for every student to engage in free speech," he said. "Gov. Hobbs remains committed to supporting a secure and inclusive academic setting for all students."
Rep. Alma Hernandez, a Tucson Democrat, introduced the bill following last year’s pro-Palestinian protests that resulted in encampments at Arizona State University and University of Arizona.
Hernandez said Jewish students felt harassed and had to take alternative routes to get to class. Legislative opponents said the measure was unconstitutionally vague and could limit free speech.
In a statement, an ASU spokesperson said the law is unnecessary, as the school has policies in place to address encampments.
Both Arizona incidents were broken up by police, though tear gas and pepper balls had to be used on the Tucson campus.
But despite that, no one from either university or the Arizona Board of Regents signed in in favor of the legislation or testified that they supported or needed the change in law.
During Senate debate last month, Hernandez got support from lawmakers like Sen. John Kavanagh.
"These people are taking public university land and appropriating it, seizing it for themselves so other people can't use it,'' the Fountain Hills Republican said during discussion of the measure. And Kavanagh said there have been cases elsewhere where anti-Semitic groups "are intimidating Jewish students and removing their right to free movement around the campus.''
Others, like Sen. Lauren Kuby, however, questioned the need for the restrictions.
"These spaces are long-standing spaces for public discourse, academic inquiry and political dissent,'' said the Tempe Democrat. "Public education has to remain a robust space for dialog, not a testing ground for censorship and retaliation.''
There's also the fact that already existing state law appears to give universities and community colleges the power to limit such demonstrations. It spells out that the schools can impose "reasonable viewpoint and content-neutral restrictions on time, place and manner of expression'' that are necessary to "achieve a compelling institutional interest.''
Aside from making these encampments a crime, the legislation also requires that disciplinary action must be taken against students who refuse to leave.
Rep. Anna Abeytia questioned the wisdom of such legislation.
"As an activist at heart, this is not a good bill for those of us who are activists and do go out and protests,'' the Phoenix Democrat said when she voted against the plan in the House.
"Encampments are a form of sit-ins,'' she said. "And sit-ins have a long history, particularly in the Chicano culture.''
And Phoenix Democrat Quanta Crews said she fears how the proposal could be used to quash other protests.
"There are young people who are not trying to intimidate other people ... who are not trying to provide a fearful environment,'' she said. And Crews said it would be one thing if the legislation was needed to give police more power to deal with those who intimidate others.
This, she said, is overly broad.
"I feel like it could be weaponized against different groups that are not intending to harm other students and are just trying to exercise their First Amendment right,'' Crews said.
-
According to the agriculture research group Farm Flavor, the cotton industry has lost more than $1 billion nationwide this year as exports have plummeted by nearly 90%. -
A state lawmaker wants to ban fluoride in drinking water, but several cities use it. Sen. Janae Shamp (R-Surprise) introduced legislation this week to ban fluoride in public drinking water. -
Tucson-based conservationists are suing the federal government for putting President Donald Trump’s face on a yearly pass to enter national parks, including the Grand Canyon. -
A lawyer for Maricopa County Attorney Rachell Mitchell told a judge that the Trump-aligned law firm representing Recorder Justin Heap in an ongoing lawsuit against the Board of Supervisors shouldn’t be allowed to stay on the case. -
A Republican state lawmaker is calling for Arizona to roll back guidance for hepatitis B vaccines, following controversial changes at the U.S. Centers for Disease Control and Prevention.
