Viewpoint Neutrality Now! v. Powell
| Decision Date | 30 January 2023 |
| Docket Number | 20-CV-1055 (PJS/JFD) |
| Parties | VIEWPOINT NEUTRALITY NOW!; EVAN SMITH; and ISAAC SMITH, Plaintiffs, v. KENDALL J. POWELL, Regent Chair, in her official capacity; STEVEN A. SVIGGUM, Regent Vice Chair, in his official capacity; MARY A. DAVENPORT; JAMES T. FARNSWORTH; KAO LY ILEAN HER; DOUGLAS A. HUEBSCH; RUTH E. JOHNSON; MIKE O. KENYANYA; JANIE S. MAYERON; DAVID J. MCMILLAN; DARRIN M. ROSHA; KODI J. VERHALEN, Regents, in their respective official capacities; JOAN T.A. GABEL, President of the University of Minnesota, in her official capacity; and CALV IN D. PHILLIPS, Vice President for Student Affairs and Dean of Students, in his official capacity, Defendants. |
| Court | U.S. District Court — District of Minnesota |
Erick G. Kaardal and William F. Mohrman, MOHRMAN, KAARDAL & ERICKSON, P.A., for plaintiffs.
Carrie Ryan Gallia, UNIVERSITY OF MINNESOTA OFFICE OF THE GENERAL COUNSEL, for defendants.
Defendant University of Minnesota-Twin Cities (the “University”)[1] collects a mandatory student-services fee that is used to fund registered student organizations (“RSOs”), media groups, and administrative units support student health and wellness services; and subsidize the student union, known as Coffman Memorial Union (“Coffman”). Plaintiffs Evan Smith and Isaac Smith are University students who are required to pay the student-services fee. Plaintiff Viewpoint Neutrality Now! is an unregistered student organization at the University. Plaintiffs brought this lawsuit to challenge the manner in which the University distributes the student-services fee arguing that it violates the First Amendment.
In February 2021, the Court granted in part and denied in part the University's motion to dismiss. Viewpoint Neutrality Now! v. Regents of Univ. of Minn. ( ), 516 F.Supp.3d 904 (D. Minn. 2021). Only two of plaintiffs' claims remain. First, plaintiffs challenge the University's process for determining which student groups may apply for funds that are restricted to media groups. Second, plaintiffs challenge the University's decision to allocate lounge space in Coffman to nine student cultural centers.
This matter is before the Court on the parties' cross-motions for summary judgment. For the reasons that follow, the Court grants the University's motion and denies plaintiffs' motion.
In its ruling on the University's motion to dismiss, the Court thoroughly described the facts underlying this lawsuit. See Viewpoint Neutrality Now! I, 516 F.Supp.3d at 909-14. The Court provides only a summary here.
A. Student-Services Fee
Each semester, all University students who are enrolled in at least six credits must pay a mandatory student-services fee to fund “student programs, activities, and services on each campus.” Carvell Decl. Ex. 1 at 1[2] [ECF No. 58-1]. The fee is comprised of three components: a student life, health, and wellbeing fee; a media fee; and a student-activity fee. Carvell Decl. ¶ 4 [ECF No. 58]. Plaintiffs' two remaining claims relate to the media fee (which funds media-related student groups) and the student life, health, and wellbeing fee (which supports Coffman and the other operations and facilities of Student Unions and Activities (“SUA”)). Id.
Carvell Decl. Ex. 1 at 1-2. The Board of Regents policy (including these principles) is implemented through three handbooks that govern the allocation of the studentservices fee: the Student Services Fee Request Handbook for Media Groups (“media-groups handbook”), the Student Services Fee Request Handbook for [Registered] Student Organizations (“RSO handbook”), and the Student Services Fee Request Handbook for Administrative Units (“administrative-units handbook”). See Compl. Exs. D, E, F [ECF No. 1-1].
As noted, student media groups are funded through the media-fee component of the student-services fee. Carvell Decl. ¶ 4. During the 2019-2020 and 2020-2 021 academic years, a group that wished to apply for media funding was required to meet four criteria:
Carvell Decl. Ex. 2 at 15 [ECF No. 58-2].[4]
If an applicant group met the four minimum criteria, the group could apply for funds to cover operational, event, and project costs. Id. at 16-17. A recommendation to grant or deny the applied-for funding was initially made by a SSF committee, after which the broader University community had the opportunity to give feedback. Id. at 19-21. If a group was dissatisfied with the committee's recommendation, and if the group could provide evidence that the committee “violated its own rules,” “exhibited bias against an organization,” or “did not make a decision in a viewpoint-neutral manner,” the group had the opportunity to appeal the committee's recommendation to the VPSA, who made the ultimate decision on any appeal. Id. at 21-22.
After the Court issued its ruling on the University's motion to dismiss, the University responded by revising the media-groups handbook for the 2021-2022 academic year. Like the earlier handbooks, the 2021-2022 handbook requires any group applying for media-group funding to have a media-related primary focus; be a registered University Unit, RSO, or CLP in good standing with SUA; meet all of the general requirements for applying for Student Services Fee Funding; and gain approval from the VPSA.[5] Carvell Decl. Ex. 3 at 16 [ECF No. 58-3]. The new handbook also requires an applicant group to “have applied for and received SSF operations funds through the student groups SSF Process . . . for the past three consecutive academic years,” provide evidence that the group has fulfilled all reporting requirements to the University during the past three years, and “[j]ustify a budget request that exceeds the parameters of the operations guidelines for student groups.” Id.
In contrast to prior versions of the handbooks, the 2021-2022 media-groups handbook eliminates the requirement that “[t]he VPSA/DoS shall have the exclusive authority to determine which applicants may apply to a SSF committee.” Compare Carvell Decl. Ex. 2 at 15, with Carvell Decl. Ex. 3 at 16. The new handbook also establishes a new application process for groups to follow after they meet the minimum funding requirements. Under the updated process, an applicant group must meet with the SSF advisor and present its petition to a group of University stakeholders. Following that presentation, the Student Affairs Senior Finance Manager, the leadership team of the Student Groups SSF committee (minus the appeals chair), and the Chair of the Media Groups SSF committee deliberate and provide a recommendation to the VPSA. After receiving and reviewing the recommendation, the VPSA informs the applicant group of her decision. If the group disagrees with the VPSA's decision, the group may appeal the VPSA's decision to the VPSA (i.e., the group may ask the VPSA to reconsider her decision). The VPSA must then consult with the Student Groups SSF committee appeals chair, the SSF advisor, and the Student Affairs Senior Finance Manager before reaching a final decision. Id. at 16-17.
The University amended the media-group handbook again for the 2022-2023 academic year. The 2022-2023 media-group funding application process is nearly identical to the 2021-2022 process, with the exception that the Senior Assistant to the VPSA, in consultation with the Senior Associate Vice President for Student Affairs, makes initial funding decisions. If a group appeals the decision, the VPSA rules on the appeal. See Carvell 2nd Decl. Ex. 4 at 14 [ECF No. 65-1]. The 2022-2023 media-group-funding process thus eliminates one of the more troublesome aspects of the 2021-2022 process, which required the VPSA to rule on appeals of her own decisions. Under the 2022-2023 process, the person who makes the initial decision is no longer the same as the person who rules on an appeal of that decision.
A portion of the student-services fee is also used to subsidize the Coffman Memorial Union. Carvell Decl. ¶ 4. Several student groups have dedicated space in Coffman, including nine student cultural centers: American Indian Student Cultural Center, Al-Madinah Cultural Center (“AMCC”), Asian-American Student Union, Black Student Union (“BSU”), Disabled Student Cultural Center,...
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