Criminal trespassing charges for three University of Kansas student protesters who were arrested on campus in May have been dismissed.
The students had been protesting with a student organization, KU Students for Justice in Palestine, on May 9.
Sam Allison-Natale, executive director of Kansas Holistic Defenders, was one of the attorneys who represented the students, Valerie, Kareem and Sadie, whose full names he asked not be published. Two are currently attending KU, and the other has graduated since the event.
Allison-Natale said the students and legal counsel were notified on Wednesday this week that the City of Lawrence filed an order to dismiss all three cases. He had filed a motion with the Lawrence Municipal Court in July that said the arresting officer did not have probable cause.
Although the dismissal was rooted in the Fourth Amendment, which protects citizens from unreasonable searches and seizures by the government, Allison-Natale pointed to another concern.
“These three students were peacefully using their first-amendment rights, which is what any person of conscience should be doing in the face of unconscionable violence against the people of Palestine,” Allison-Natale said in a statement via email. “Police chose to arrest and jail the students in violation of the U.S. constitution. This violation of their rights is unacceptable.”
KU SJP had set up an encampment on the lawn in front of Fraser Hall. Earlier in the day, university administrators notified the group that the encampment site had to be cleared by 10 p.m. They said whoever remained there with items identified as “camping paraphernalia” — defined in a letter as “furniture, bedding, tarps” and other items — would be removed by law enforcement.
At around 11:15 p.m. that night, dozens of officers from several agencies began arriving, and they told protesters to leave or they would be arrested for trespassing. When police prepared to approach, protesters moved to the sidewalk. They eventually began marching down Jayhawk Boulevard, followed by police.
Some of the group dispersed, but others ultimately headed to Anschutz Library, which was open to students overnight because final exams were happening that week. Shortly after midnight and inside the library, KU police arrested the three students on suspicion of criminal trespassing.
Allison-Natale’s motion says Sgt. Robert Blevins, of KU Police, arrested the first students he saw inside the library who appeared to be part of the protesting group. It says officers did not investigate to identify the three students, nor did they communicate where they were allowed to be and give them a chance to leave, before apprehending them.
According to the motion, two of the three students were wearing keffiyehs, scarves, to show solidarity with Palestine.
People who did not appear to be involved in the protest were seen walking in and out of the library without being approached by police.
In addition to the criminal charge, the three students were also facing disciplinary action from the university, but they have been since been absolved. According to the KU Code of Student Rights and Responsibilities, the university is allowed to initiate its own proceedings against students who have broken laws or campus policies.
Allison-Natale said after a hearing in August, KU’s disciplinary administrator determined none of the three students had violated the code of conduct.
A KU spokesperson did not respond to an email seeking comment by the time of publication Friday evening. The university has not answered any questions this publication has asked about the arrests.
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Maya Hodison (she/her), equity reporter, can be reached at mhodison@lawrencekstimes.com. Read more of her work for the Times here. Check out her staff bio here.
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