Young America's Found. v. Kaler

• Decision Date: 28 August 2020
• Docket Number: Case No. 18-cv-1864 (SRN/HB)
• Parties: YOUNG AMERICA'S FOUNDATION, a Tennessee nonprofit corporation, Students for a Conservative Voice, a Registered Student Organization at the University of Minnesota, and Ben Shapiro, Plaintiffs, v. Eric W. KALER, President of the University of Minnesota, in his individual capacity, Michael Berthelsen, Vice President of University Services of University of Minnesota, in his official and individual capacities, Matthew A. Clark, Chief of Police of University of Minnesota, in his official and individual capacities, Troy Buhta, Lieutenant of University of Minnesota Police Department, in his official and individual capacities, and Erik Dussault, Assistant Director of Student Unions & Activities of University of Minnesota, in his official and individual capacities, Defendants.
• Court: U.S. District Court — District of Minnesota

482 F.Supp.3d 829

YOUNG AMERICA'S FOUNDATION, a Tennessee nonprofit corporation, Students for a Conservative Voice, a Registered Student Organization at the University of Minnesota, and Ben Shapiro, Plaintiffs,

v.Eric W. KALER, President of the University of Minnesota, in his individual capacity, Michael Berthelsen, Vice President of University Services of University of Minnesota, in his official and individual capacities, Matthew A. Clark, Chief of Police of University of Minnesota, in his official and individual capacities, Troy Buhta, Lieutenant of University of Minnesota Police Department, in his official and individual capacities, and Erik Dussault, Assistant Director of Student Unions & Activities of University of Minnesota, in his official and individual capacities, Defendants.

Case No. 18-cv-1864 (SRN/HB)

United States District Court, D. Minnesota.

Signed August 28, 2020

David A Cortman and Travis Christopher Barham, Alliance Defending Freedom, 1000 Hurricane Shoals Road NE, Suite D-1100, Lawrenceville, GA 30043; Jonathan Caleb Dalton, Alliance Defending Freedom – Center for Academic Freedom, 440 First Street NW, Suite 600, Washington D.C. 20001; Theodore C. Landwehr, Landwehr Law Offices, 4034 NE 7th Street, Columbia Heights, MN 55421; and Tyson Charles Langhofer, Alliance Defending Freedom, 20116 Ashbrook Place, Suite 250, Ashburn, VA 20147, for Plaintiffs.

Brian J. Slovut, Carrie Ryan Gallia, and Daniel J. Herber, University of Minnesota – Office of the General Counsel, 200 Oak Street SE, Suite 360, Minneapolis, MN 55455, for Defendants.

MEMORANDUM OPINION AND ORDER

SUSAN RICHARD NELSON, United States District Judge

This matter is before the Court on the parties’ cross motions for summary judgment. Plaintiffs Young America's Foundation, Students for a Conservative Voice, and Ben Shapiro argue that judgment should be entered in their favor because Defendants President Eric Kaler, Vice President Michael Berthelsen, Chief of Police Matthew A. Clark, Lieutenant Troy Buhta, and Assistant Director of Student Activities Erik Dussault—all employed by the University of Minnesota during the relevant time period—violated their First Amendment rights by engaging in impermissible viewpoint discrimination in the implementation of the University's policy for handling large scale events (Doc. No. 68). Defendants, in turn, argue that judgment should be entered in their favor because there is no genuine issue of material fact in dispute and Plaintiff's claims fail as a matter of law (Doc. No. 62).

Having considered the briefing and voluminous record submitted by the parties, and for the following reasons, the Court GRANTS Defendants’ Motion for Summary Judgment (Doc. No. 62) and DENIES Plaintiffs’ Motion for Summary Judgment (Doc. No. 68).

I. BACKGROUND

A. The Parties

There are three Plaintiffs in this case. Plaintiff Young America's Foundation ("YAF") is a nonprofit organization that was founded by the late conservative thinker William F. Buckley in the 1960s. (2d. Am. Compl. [Doc. No. 58] ¶¶ 24, 79.)

YAF hosts and co-sponsors conferences and lectures around the country, with the expressed goal of introducing young people and university students to conservative viewpoints. (Id. ; see also Dep. Tr. of Patrick Coyle ("Coyle Dep.") [Doc. No. 73-4] at 24 (noting YAF hosts approximately 150 lectures annually on college campuses).) The organization also has approximately 500 high school and college chapter organizations, called Young Americans for Freedom, to promote conservative ideas in the academic community. (Coyle Dep. at 16–18.)

Plaintiff Students for a Conservative Voice ("SCV") is a registered student group at the University of Minnesota. (2d. Am. Compl. ¶ 25.) SCV seeks to introduce their classmates to "alternative," conservative, viewpoints by way of "flyers, signs, peaceful demonstrations, hosting tables with information, inviting speakers to campus, and talking with fellow students." (Id. ¶¶ 25–27.) According to SCV, their mission is important because "[c]onservative viewpoints are notably absent from educational instruction at the University of Minnesota." (Id. ¶¶ 25–27, 72.) During the relevant time period for this case, a University of Minnesota student, Madison Dibble, served as the President of SCV on the University of Minnesota's Twin Cities campus. (See Dep. Tr. of Madison Dibble ("Dibble Dep.") [Doc. No. 73-5] at 28.)

Plaintiff Ben Shapiro is an "American political commentator, nationally syndicated columnist, author, radio talk show host, and attorney." (2d. Am. Compl. ¶ 28.) He holds a bachelor's degree in political science from the University of California – Los Angeles, and a juris doctorate from Harvard Law School. (See Dep. Tr. of Ben Shapiro ("Shapiro Dep. Tr.") [Doc. No. 73-11] at 13.) He is the prior editor-in-chief for the Daily Wire, and the host of a podcast and radio show. (Id. ) He also writes a syndicated column for Creators Syndicate, and works with YAF to schedule speaking opportunities on college campuses around the country. (Id. at 15–16.) While he does not currently practice law, Shapiro is a licensed attorney in California. (Id. )

There are five Defendants in this case. Defendant Eric W. Kaler was, at all times relevant to this case, the President of the University of Minnesota. (2d Am. Compl. ¶ 29.) He became President Emeritus in July 2019. (Id. ) While serving as President, Defendant Kaler's responsibilities included "overall administration of the institution, fundraising, representing the institution to the legislative bodies and the governor, representing and providing a ... strategic vision for the institution ... and [ ] the mechanical aspects of actually managing a 25,000-employee organization ...." (Dep. Tr. of Eric W. Kaler ("Kaler Dep.") [Doc. No. 73-8] at 15.) Kaler was also "involved in the construction of policies," and possessed the authority to "give directives" on policy matters, and to "implement new policies." (Id. at 15, 18–19.) Kaler is being sued only in his individual capacity. (See 2d Am. Compl. ¶ 37.)

Defendant Michael Berthelsen is the Vice President of University Services at the University of Minnesota. (2d Am. Compl. ¶ 38.) In that role, Defendant Berthelsen is responsible for facility management, "public safety, which includes the police department and [the University's] public safety communications emergency center," certain auxiliary services such as "parking, dining, housing, residential life, bookstore [services], [and] printing," among others, and the "finance and support and IT support services that cross all those business lines." (Dep. Tr. of Michael Berthelsen ("Berthelsen Dep.") [Doc. No. 73-1] at 10–11.) Berthelsen is being sued in both his official and individual capacities. (2d Am. Compl. ¶ 41.)

Defendant Matthew Clark is the Chief of Police at the University of Minnesota. (2d Am. Compl. ¶ 42; see also Dep. Tr. of Matthew Clark ("Clark Dep.") [Doc. No. 73-3] at 8.) Clark is being sued in both his official and individual capacities. (2d Am. Compl. ¶ 45.)

Defendant Troy Buhta is a Lieutenant in the University of Minnesota Police Department (the "UMPD"). (Id. ¶ 46.) Lieutenant Buhta is the commander of the University of Minnesota Police Department's investigative unit. (Dep. Tr. of Troy Buhta ("Buhta Dep.") [Doc. No. 73-2] at 8.) Buhta is being sued in both his official and individual capacities. (2d Am. Compl. ¶ 49.)

Finally, Defendant Eric Dussault is the Associate Director for Student Unions & Activities (SUA) at the University of Minnesota. (2d. Am. Compl. ¶ 50; see also Dep. Tr. of Eric Dussault ("Dussault Dep.") [Doc. No. 73-6] at 8.) Defendant Dussault is responsible for managing the SUA office staff, and works with students on organizing activities on campus. (Dussault Dep. at 10.) He is being sued in both his official and individual capacities. (2d. Am. Compl. ¶ 52.)

B. The University of Minnesota's Twin Cities Campus: Layout, Venue Reservations, and the Large Scale Events Process

This case involves a scheduled speech by Plaintiff Ben Shapiro that took place on February 26, 2018 on the Twin Cities campus of the University of Minnesota. Relevant to that event is the layout of the Twin Cities campus, the process of reserving venues for such events, and certain event policies.

1. The University of Minnesota's Twin Cities Campus

The University's Twin Cities campus—the flagship of the University's five campuses throughout the state—serves roughly 47,000 students and is home to over 900 student organizations. (See Pls. Ex. 62 [Doc. No. 72-1] at 46.) The campus is sectioned into three areas: East Bank and West Bank (both in Minneapolis) and St. Paul. (Pls. Ex. 65 [Doc. No. 72-1] at 67.) Of the three sections, the Minneapolis portions (East and West Bank) are home to more students; only one of the University's thirteen residence halls is located on the St. Paul portion of the campus, and that residence hall holds only 500 of the 7,564 total residence hall capacity. (See Pls. Ex. 77 [Doc. No. 72-1] at 119; see also Gallia Ex. 3 [Doc. No. 79-1] at 12 (illustrating three non-university housing options near the St. Paul campus).)

The Minneapolis and St. Paul portions of the campus, while separate, are not far from each other. By car, it takes approximately fifteen minutes to get from the West Bank to the St. Paul portion of the campus. (See Pls. Ex. 70 [Doc. No. 72-1] at 97.) The University also offers a bus service called the Campus Connector—free for students—which takes approximately five minutes to travel from East Bank to West Bank, fifteen minutes from East Bank to St. Paul, and twenty minutes from West Bank to St. Paul. (See Gallia Ex. 4 [Doc. No. 79-1] at 15; see also Pls. Ex. 76 [Doc. No. 72-1] at 116.) Moreover, the Minneapolis portion of the campus is home to three Metro Transit Green Line Light Rail stations that connect that portion of the campus to the full Metro Transit light rail network threading throughout the Twin Cities. (See Pls. Ex. 75...