Judge orders UNM to halt security fee for speech events

A federal judge this week barred the University of New Mexico from charging a security fee for campus speech events in response to a lawsuit filed by two groups that brought a conservative speaker to UNM in 2023.

U.S. District Judge David Urias also ordered UNM not to seek payment of a $5,400 security fee from Turning Point UNM, a group that brought former collegiate swimmer and conservative activist Riley Gaines to UNM in October 2023.

Urias found that UNM’s security fee policy infringes on the constitutional speech rights of the student groups and issued an injunction prohibiting UNM from assessing the fees for speech events.

The lawsuit was filed in February in U.S. District Court in Albuquerque by Leadership Institute, a nonprofit group that supports conservative student organizations, and Turning Point USA at UNM, which organizes conservative speaking events.

It identified UNM President Garnett Stokes and other UNM officials as defendants.

“The court agrees with plaintiffs that the security fee policy chills Leadership Institute’s speech in several ways,” wrote Urias, who was appointed by President Biden in 2021.

If the groups fail to pay the security fee invoice, “they may be prohibited from holding future events or face other negative consequences,” Urias wrote in his 16-page order.

In his conclusion, Urias prohibited UNM “from enforcing the security fee policy” for speech events “and the collection of payment for security fees related to the Gaines event.”

UNM officials issued a written statement Friday saying the university will comply with the order and is “committed to the First Amendment and the right of free speech on campus.”

“UNM intends to comply with the court’s order, which was limited to speech events,” the statement said. “While UNM can no longer charge fees for the security it provides for speech events, UNM remains committed to ensuring the safety of our campus and the safety of our students, faculty, staff and visitors.”

Jonathan Gonzales, co-president of Turning Point UNM, said the court recognized the “double standard” of UNM’s security fee policy.

“We are so thankful for this injunction,” Gonzales said in a written statement. “We have to keep speaking up and fighting for what is right. That is the only way to protect our most fundamental rights as Americans.”

Riley Gaines

Gaines, a former standout swimmer for the University of Kentucky, has spoken nationally in opposition to the participation of trans women in women’s sports.

Her college speaking events have at times drawn protests. In April 2023, six months before her UNM appearance, Gaines drew a large protest at San Francisco State University that required campus police to guard her, according to news reports.

A leader of Turning Point UNM submitted an event request form to UNM officials in August 2023, several months before Gains appearance at UNM. The group anticipated about 100 people to attend.

Joseph Silva, chief of the UNM Police Department, presented the group with an invoice of more than $10,000 to pay for a security force of 30 police officers. After a series of meetings, Stump agreed to lower the fee to $7,420.

Gaines spoke at UNM’s Student Union Building on Oct. 4, 2023. The event drew fewer than 10 protesters who were “peaceful and non-disruptive,” Urias wrote in his order.

After the event, UNM issued Turning Point UNM a final invoice of $5,384 for 27 UNM Police officers who staffed the event.

Turning Point USA has brought other conservative speakers to UNM, in some cases prompting protests. Those speakers include Ian Hayworth in October 2022 and Tomi Lahren, which drew about 100 protesters in September 2022.

Urias said in his order that UNM’s security fee policy gives UNM officials “overly broad discretion” to assess security fees and “ultimately leaves the decision of how much to charge for security up to the whim of university officials.”

Urias sided with the argument of Leadership Institute that the fee policy is “vague and overbroad,” giving UNM officials “unbridled discretion” to set fees for speech events.

“Additionally, the preamble to the policy indicates that university officials “may” assess security fees but does not provide guidance for when they may or may not assess these fees,” Urias wrote.