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Case Name University of Cincinnati Chapter of Young Americans for Liberty v. Williams FA-OH-0002
Docket / Court 1:12-cv-00155-TSB ( S.D. Ohio )
State/Territory Ohio
Case Type(s) Speech and Religious Freedom
Case Summary
On February 22, 2012, a college student group (University of Cincinnati Chapter of Young Americans for Liberty, UC YAL) filed a lawsuit against University of Cincinnati in the U.S. District Court for the Southern District of Ohio, under 42 U.S.C. § 1983 and 28 U.S.C. § 2201. Earlier that month, ... read more >
On February 22, 2012, a college student group (University of Cincinnati Chapter of Young Americans for Liberty, UC YAL) filed a lawsuit against University of Cincinnati in the U.S. District Court for the Southern District of Ohio, under 42 U.S.C. § 1983 and 28 U.S.C. § 2201. Earlier that month, UC YAL initiated on-campus signature gathering in order to put a certain amendment on the ballot. The process was delayed due to the University's policies, which subjected on-campus speech to a prior notice and permit scheme, and designated limited space for expressive activities. UC YAL, represented by public interest attorneys, sought declaratory, injunctive and monetary relief. It claimed that the University's speech policies violated its First Amendment rights. UC YAL further claimed that the University's policies were unconstitutionally vague and subject to arbitrary enforcement.

On June 12, 2012, the District Court (Judge Timothy S. Black) granted in part UC YAL's motion for a preliminary injunction, prohibiting the University from enforcing certain notice and location requirements of its free speech policies as applied to students, while denying the University's motion for summary judgment. Univ. of Cincinnati Chapter of Young Americans for Liberty v. Williams, 2012 WL 2160969 (S.D. Ohio June 12, 2012). On the same day, UC YAL filed its second amended complaint. The University revised relevant part of its policies subsequently.

On August 22, 2012, Judge Black granted a University's employee's motion to dismiss the claims against her in her individual capacity, for UC YAL failed to bring a plausible claim for relief. Univ. of Cincinnati Chapter of Young Americans for Liberty v. Williams, 2012 WL 3637315 (S.D. Ohio Aug. 22, 2012). On the same day, Judge Black granted UC YAL's unopposed motion to convert the preliminary injunction into a permanent one. Univ. of Cincinnati Chapter of Young Americans for Liberty v. Williams, 2012 WL 3636932 (S.D. Ohio Aug. 22, 2012). The Court also found the revised policies were in accordance with the preliminary injunction order.

On October 1, 2012, the parties settled the rest of the lawsuit and filed a joint stipulation to dismiss the case, with the Court retaining jurisdiction over the case for the purpose of enforcing the settlement. The terms of this settlement do not appear to have been made public. This ended the suit.

Emma Bao - 07/02/2013


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Freedom of speech/association
Defendant-type
College/University
General
Access to public accommodations - governmental
Disparate Treatment
School/University Facilities
School/University policies
Voting
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action Declaratory Judgment Act, 28 U.S.C. § 2201
42 U.S.C. § 1983
Defendant(s) State of Ohio
Plaintiff Description A college student group whose on-campus signature gathering initiatives to put a certain amendment on the ballot was delayed due to restrictions imposed by the university.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Unknown
Source of Relief Litigation
Settlement
Form of Settlement Private Settlement Agreement
Voluntary Dismissal
Order Duration 2012 - n/a
Case Closing Year 2012
Case Ongoing No
Docket(s)
1:12-cv-00155-TSB (S.D. Ohio) 10/01/2012
FA-OH-0002-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Verified Complaint 02/21/2012
FA-OH-0002-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
First Amended Verified Complaint 03/21/2012
FA-OH-0002-0003 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [Denying Motion to Dismiss] 03/22/2012 (S.D. Ohio)
FA-OH-0002-0004 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Granting In Part Plaintiff's Motion for a Preliminary Injunction, Enjoining Enforcement of Certain Notice and Location Requirements of the University of Cincinnati's Free Speech Policies as Applied to Students 06/12/2012 (2012 WL 2160969) (S.D. Ohio)
FA-OH-0002-0001 PDF | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Denying as Moot Defendant Brittany Sisko's Motion to Dismiss and Plaintiffs' Motion for Partial Summary Judgment 06/12/2012 (S.D. Ohio)
FA-OH-0002-0005 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Second Amended Verified Complaint 06/12/2012
FA-OH-0002-0006 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Granting Defendant Brittany Sisko's Motion to Dismiss for Failure to State a Claim (Doc. 77) 08/22/2012 (2012 WL 3637315) (S.D. Ohio)
FA-OH-0002-0007 PDF | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Granting Plaintiffs' Motion to Convert the Preliminary Injunction into a Permanent Injunction (Doc. 71) 08/22/2012 (2012 WL 3636932) (S.D. Ohio)
FA-OH-0002-0008 PDF | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Final Judgment of Permanent Injunction 08/22/2012 (S.D. Ohio)
FA-OH-0002-0009 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Stipulation of Dismissal with Prejudice 10/01/2012
FA-OH-0002-0010 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges None on record
Monitors/Masters None on record
Plaintiff's Lawyers Hartman, Curt Carl (Ohio)
FA-OH-0002-0002 | FA-OH-0002-0003 | FA-OH-0002-0006 | FA-OH-0002-0010 | FA-OH-0002-9000
Thompson, Maurice A (Ohio)
FA-OH-0002-0002 | FA-OH-0002-0003 | FA-OH-0002-0006 | FA-OH-0002-0010 | FA-OH-0002-9000
Walters, Ryan Daniel (Ohio)
FA-OH-0002-0002 | FA-OH-0002-0003 | FA-OH-0002-0006 | FA-OH-0002-0010 | FA-OH-0002-9000
Defendant's Lawyers DeWine, Michael (Ohio)
FA-OH-0002-0010
Gehring, Robert Joseph (Ohio)
FA-OH-0002-0010 | FA-OH-0002-9000
Hurley, Brian E (Ohio)
FA-OH-0002-0010 | FA-OH-0002-9000
Marti, Todd Robert (Ohio)
FA-OH-0002-9000
Rabe, Lee Ann (Ohio)
FA-OH-0002-9000
Yaniko, Mia Meucci (Ohio)
FA-OH-0002-9000
Other Lawyers None on record

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