State asks court to dismiss no-trespass case brought by UI protestors

The State of Iowa has moved to dismiss a civil lawsuit against 13 University of Iowa students and employees connected to an attempted encampment on campus.

The initial lawsuit accused the University of Iowa Police Department and the Iowa Board of Regents of civil rights violations following the distribution of a trespassing order.

"Several individuals" gathered on the morning of May 6 to "advocate for a free, liberated Palestine" in the University of Iowa's Hubbard Park near the intersection of Madison Avenue and Iowa Avenue, according to court documents. That morning, the group "worked to erect a camp" that was "part of their political protest in support of Palestine."

University of Iowa police arrived shortly after and told protestors to remove their encampment materials before officers physically removed the materials.

The lawsuit said the protestors "complied" with law enforcement's request to leave the park.

Demonstrators claim 'civil rights' infringement

The lawsuit, which was filed on May 22, accuses a University of Iowa police officer of contacting 13 protesters and issuing them no-trespass orders in the days following the attempted encampment.

The orders allegedly imposed a six-month ban on each person from "being present on any University of Iowa 'outdoor spaces unless simply traversing the property."

Officers removed chicken wire, wood pallets, and plywood from the park in the hours after the attempted encampment, according to the UIPD .

The demonstrators argued that this stipulation constituted "overbroad and... illegal infringement" of the protesters' First Amendment rights to speech and protest, among other violations of constitutional protections.

From May: Protesters allege civil rights violations following no-trespass order at Iowa City encampment

State argues 'no-trespassing' order was altered in June

The motion to dismiss, filed by Iowa Assistant Attorney General Christopher Deist, argues that the encampment group's "claims face several legal defects."

This includes a claim for "injunctive relief" against the University of Iowa police over a criminal trespass warning issued to the defendants. The state argues that this claim has become "moot" after the department revised the warning in early June.

The revised trespass warning, sent to Messamer on June 6, only forbids the "constructing of unauthorized structures on UI property," according to emails filed in the court and the motion to dismiss.

But the Des Moines-based attorney for the demonstrators, Gina Messamer, argues her clients may still seek relief because the question is a matter of constitutional rights and the request for relief is not "moot" because no relief has been awarded.

The state's motion also argues that the first amended petition for injunctive relief, filed in June, uses only "broad language" rejected by courts that intends to forbid "the University from violating their rights in the future."

Messamer pushed back, arguing that the state is merely "speculating" that the relief they seek will be overbroad or vague.

"Depending on what discovery reveals, an order for injunctive relief could include training and procedural protections," she wrote in her resistance to the motion.

More: University of Iowa police shuts down attempted Israel-Hamas war protest encampment

Defense's amended motion asks for damages from UI, Regents

In a second amended motion filed earlier this week, the demonstrators continue to accuse the University of Iowa and the Regents of violating their constitutional rights under the First, Fifth, Ninth, and 14th Amendments.

"Plaintiffs are refraining from constitutionally protected activities solely out of fear of arrest, citation, and/or prosecution if they continue to exercise their rights," Messamer wrote in the filing.

"An actual and immediate controversy" exists between the demonstrators and the UI police and Regents in this case, according to the filing. Police and the Regents believe they are acting constitutionally, while the demonstrators do not. The complaint alleges that UIPD and the Regents "will continue" to violate their rights without court relief.

The complaint asks the court to consider an injunction requiring UI police and the Regents to "adopt a constitutionally-sound policy" for their no-trespass orders.

In asking for damages, the demonstrators ask the court to consider requiring UIPD and the Regents to provide "compensation for the violation of their constitutional rights, mental anguish and humiliation," payment for the attorney's fees in the case and other punitive damages and other relief determined by the court.

A particular dollar amount was not specified.

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Defense has issue with claims against Board of Regents

Deist also slammed the inclusion of the Iowa Board of Regents in the initial claim, arguing that the allegations against members of the board "fail as a matter of law and must be dismissed."

Citing precedent and Regent bylaws, the 13 accused individuals wrote that the Regents own and operate Hubbard Park, the site of the protest.

As with previous petition filings, a jury trial was requested in this case.

Requests for additional comment from the Iowa Attorney General's Office were not returned. Messmer indicated that the 13 individuals in the case might make public comments soon.

Johnson County District Court Judge David Cox has not yet ruled on the state's motion.

Ryan Hansen covers local government and crime for the Press-Citizen. He can be reached at rhansen@press-citizen.com or on X, formerly known as Twitter, @ryanhansen01.

This article originally appeared on Iowa City Press-Citizen: State asks court to dismiss no-trespass case brought by UI protestors