Amidon v. Student Ass'n. of State Univ. Of New York
| Decision Date | 07 November 2005 |
| Docket Number | No. 1:04-CV-256.,1:04-CV-256. |
| Citation | 399 F.Supp.2d 136 |
| Parties | Eric AMIDON; Winston Brownlow; and Collegian Action Leadership League of New York, by its President, Plaintiffs, v. STUDENT ASSOCIATION OF THE STATE UNIVERSITY OF NEW YORK at Albany; President of the Student Association of the State University of New York at Albany, in his Official Capacity; and New York Public Interest Research Group "Nypirg," Defendants. |
| Court | U.S. District Court — Northern District of New York |
Thomas Marcelle, Albany, New York, for Plaintiffs.
Lewis B. Oliver, Jr., Association of the State University of New York at Albany and President of the Student Association of the State, University of New York at Albany, Albany, New York, for Defendants Student.
Fried Frank Harris Shriver & Jacobson, LLP, New York, New York, for "Nypirg", Darcy M. Goddard, John A. Borek, of counsel.
Plaintiffs are two State University of New York ("SUNY") at Albany students, Eric Amidon ("Amidon") and Winston Brovvnlow ("Brownlow"), and a student organization to which they belong, formerly Collegian Action Leadership League of New York ("CALL-NY"), now called Collegians for a Constructive Tomorrow ("CFACT"). They bring claims pursuant to 42 U.S.C. § 1983 and § 1988 alleging that defendants, the Student Association of SUNY Albany ("SA"), and its president, distribute money collected pursuant to a mandatary student activity fee in a manner which violates their First and Fourteenth Amendment rights. New York Public Interest Research Group, Inc. ("NYPIRG"), another SUNY Albany student organization that also receives funds from the mandatory fee monies, has intervened in this action as a defendant.
Plaintiffs bring five causes of action. Under the First cause of action, plaintiffs seek to prohibit the defendants from using advisory referenda in allocating the money collected from the mandatory fees.1 In the Second, Third, and Fifth causes of actions, plaintiffs challenge the defendants' procedures for gaining access to the referendum. In the Fourth cause of action, plaintiffs challenge NYPIRG's funding arrangement with the student government. Plaintiffs filed a motion for summary judgment, defendants opposed and filed-cross-motions for summary judgment pursuant to Fed.R.Civ.P. 56, which the plaintiffs opposed. Oral argument was heard in Albany, New York on July 22, 2005. Decision was reserved.
The legal context for understanding the events of the instant case was articulated in the Supreme Court's decision in Board of Regents v. Southworth, 529 U.S. 217, 229, 120 S.Ct. 1346, 146 L.Ed.2d 193 (2000). The Southworth plaintiffs brought suit concerning the constitutionality of mandatory student activity fees. Plaintiffs complained that the combination of the mandatory fee and its use to fund extracurricular, political, and ideological speech, with which plaintiffs disagreed, violated their First Amendment rights.
The Court recognized both the university's and society's interest in "facilitating the free and open exchange of ideas by, and among, its students," and upheld the fee. Id. at 229, 120 S.Ct. 1346. However, it acknowledged that plaintiffs' First Amendment rights were implicated and held that the fee passed constitutional muster only if the university provided some protection of those rights. That protection consists of "the requirement of viewpoint neutrality in the allocation of funding support." Id. at 233, 120 S.Ct. 1346. The court explained that "[v]iewpoint neutrality is the justification for requiring the student to pay the fee in the first instance and for ensuring the integrity of the program's operation once the funds have been collected." Id.
Like the university in the Southworth, case, SUNY Albany collects a mandatory student activity fee. The fee has been $80.00 per semester during the course of events of this case. SUNY collects the fee from the students and then turns the funds over to the SA. Plaintiffs Amidon and Brownlow enrolled at SUNY Albany in the fall of 2001 and paid the mandatory fee each semester thereafter.
The funds are allocated to recognized student organizations ("RSO"), by the SA, pursuant to a regulation of the Board of Trustees of SUNY at N.Y. COMP.CODES R. & REG. tit. 8, § 302.14. The regulation provides that the amount of the student activity fee is "fixed and assessed by the student government" in consultation with the university chancellor. N.Y. COMP. CODES R. & REG. tit. 8, § 302.14(c)(2) (2005). Every two years, the student body determines by referendum whether the fees shall be mandatory or voluntary.2 Id. § 302.14(a). The mandatory nature of the activity fee at SUNY Albany is regularly approved by student referendum. The collection of the fee generates about $1.69 million annually. (Docket No. 4, Def. Ans. ¶ 22.) Non-payment of the fee results in withholding of a student's transcript or refusal to allow the student to register for classes. N.Y. COMP.CODES R. & REG. tit. 8, § 302.14(c)(2)(2005).
The funds allocated to each of the more than 100 RSOs at SUNY Albany are listed as budget lines on a general budget presented by the Budget Committee to the legislative branch of the student government. (Docket No. 25, Def. SA's Statement of Material Facts ("DSMF") ¶ 16.) That branch—now called the Senate, formerly called the Central Council—approves, disapproves, or modifies the budget, and then sends it to the SA president for approval or veto. Id. at ¶¶ 18, 19. Finally, the budget is submitted to the president of the university for approval, which generally consists of ensuring that the use of the fees complies with N.Y. COMP.CODES R. & REG. tit. 8, § 302.14. Id. at ¶ 26. In recent history, the president has regularly approved the budget. Id. at 28. While funding is generally done annually, RSOs may request additional funding as needed.
New and previously unfunded RSOs apply for funding by submitting a budget request to the Finance Committee of the SA. Id. at ¶ 14. The Finance Committee makes a recommendation on the budget to the SA Senate. Id. at ¶ 15. If the RSO has been previously funded it presents a budget directly to the Senate. Id. The more than 100 RSOs at SUNY Albany vary in both subject matter and funding, examples include the Debate Club ($500), University Dance Council ($4,000), Theatre Council ($2,350), and Fuerza Latina ($30,880). (Docket No. 32, De Leeuw Aff. Ex.8)
Two RSOs at SUNY Albany receive relatively constant funding pursuant to contracts with the SA: defendant NYPIRG and Dippikill, Inc.3 (Docket No. 32, Weber Aff. Ex. 1.) Section 816.4 of the SA Constitution provides that "all designated funds (including but not limited to Dippikill and NYPIRG), in the Student Association Budget are to be brought up in a referendum at least every four years." (De Leeuw Aff. Ex. 4.) Thus, NYPIRG automatically appears on the ballot every four years. (Weber Aff. Ex 1 NYPIRG Contract ¶ 1.) Plaintiff characterizes this as an automatic right or privilege because other groups must meet separate requirements to be placed on the referendum. Defendants assert that the NYPIRG referendum is just an advisory referendum, and is used to gauge student interest in the campus-related services that NYPIRG performs. The question of continued funding for NPIRG passed the referendum votes in 1999 and 2003. SA allocates $5.00 out of the $80.00 student fee to NYPIRG, which totals around $106,000 annually.
Plaintiffs characterize NYPIRG as a politically liberal organization. According to Rebecca Weber, the Executive Director of NYPIRG, the group is a non-profit, nonpartisan organization directed by SUNY and its students with twenty-one local chapters across the state. (Weber Aff. ¶¶ 13, 4.) Part of NYPIRG's mission is to train students in civic engagement and advocacy through hands-on experience. Id. at ¶ 5. Its services include: campus and legislative internships, voter registration campaigns, homeless awareness and service campaigns, book-exchanges, conducting surveys on public issues, lobbying the state legislature, and workshops on public speaking, media outreach, and consumer issues. Id. at ¶ 7. By contract, NYPIRG is obligated to run its projects independently by providing its own staff, student supervision, and an on-campus office. It must also consult with SUNY, allow a SUNY representative on its Board of Directors, follow SA Constitutional policy, and meet stringent financial reporting requirements. Id. at ¶ 11.
Because SUNY's fee policy was developed in the 1970s, in June of 2001, SUNY Chancellor Robert King formed a task force to review the Board of Trustees policies regarding mandatory student activity fees with respect to current law and fiscal accountability. (De Leeuw Aff. Ex. 3, Task Force Report at 2.) The report was issued in January of 2002. (The recommendations are reflected in amendments to N.Y. COMP.CODES R. & REG. tit. 8, § 302.14 effective September of 2004.) Recommendation 8 of the report provides that:
representative student organizations allocating student activity fees to student organizations must comply with the principle of viewpoint neutrality. In other words, allocations must not depend on the views held by the organization but must be related to established criteria that have nothing to do with the political or ideological views held by the organization and its members.
Id. at pp. 8-9. It further recommends that student organizations should specify the neutral criteria that govern allocation decisions. Id. at p. 9. The report provides that "the allocations may recognize the differences in numbers of student participants and quality and quantity of programs," and lists five other examples of criteria for consideration:
1. The organization has a constitution.
2. There is a written plan for expenditure of allocated funds.
3. The past record of the organization in...
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