UA Codes and Judicial Committee

Minutes
Codes and Judicial Committee, University Assembly
Friday, November 22, 2013
165 Day Hall

Attendance of voting members:
Present: C. Ferguson, C. Gelderloos, M. Lukasiewicz, G. Mezey, B. Thompson, R. Wayne

Absent: F. Langrais, L. Liu, K. Zoner

G. Mezey called the meeting to order at 3:37 p.m.

The minutes of the November 15, 2013 meeting were approved without dissent.

G. Mezey introduced this meeting as an open discussion for considering the way the committee would proceed in considering the free expression issues. The committee would also begin to form a list of people members want to hear from before decisions are made.

R. Wayne started the conversation by recognizing that some people who objected to the original resolution believed that time, place, and manner restrictions had no place in this part of the code. However, he stated that it is his belief that there are limits. People should not, for example, be allowed to disrupt a classroom under the protections of free expression. Alternatively, he considered the possibility of truly no time, place, or manner restrictions, but felt that in such a case, disruptive acts would need to be considered civil disobedience. C. Ferguson clarified that the context of the resolution at hand only applies to outdoor events. He added that he liked the last sentence of the second paragraph, which confirms that counter-protests are acceptable.

C. Gelderloos said one source of ambiguity was the result of police having to interpret a political event. He expressed concern over how police could decide if actions constitute a counter-protest as opposed to a disruption. R. Wayne added that the most applicable behavior in this case is the use of amplified sound.

G. Mezey noted that the use of amplified sounds is described in the guidelines for specific areas such as Ho Plaza. Multiple governing documents could be one part of the problem.

C. Ferguson said that K. Zoner made a clear statement that the police will violate the code to ensure public safety. C. Gelderloos agreed this makes sense but raised as a concern the fact that no one aside from the police thought the Ho Plaza incident constituted a dangerous event. R. Wayne clarified that, in fact, one faculty member also thought the situation was dangerous.

G. Mezey said that amplified sound is something that is commonly regulated by municipalities. In the city of Ithaca, for example, groups must file with the city for permission to use amplified sound. Cornell’s rules differ from those of the city for the purpose of encouraging free speech.

R. Wayne made a motion to use the current resolution draft as a starting point for discussion with the portion suggesting voluntary filing of a UUP form removed. With no dissenting parties, the committee accepted this suggestion.

R. Wayne also recognized a point made by G. Mezey in the past. Students and faculty tend to be afforded far more tolerance for disruption and protest than employees.

G. Mezey explained the original intention of the suggestion of voluntary UUP filing. Filing a UUP form allows proper services to be rendered by the university or other applicable bodies to ensure the safety and welfare of the people involved in the event. The suggestion of the UUP form is not meant to limit anyone’s right to free expression but rather to assist in the safe realization of that right for any size group.

M. Lukasiewicz offered the idea that the voluntary UUP form suggestion should not be added to the code. Instead, she suggested that it be added to the resolution in the form of an additional resolved clause. R. Wayne and others offered preliminary support for this idea.

G. Mezey said that the next committee meeting would go until 5:00 to allow for conversation with guests including J. Mingle, University Counsel. Guests will adhere to a strict time limit so that the committee can complete its business.

R. Wayne entertained that fact that the committee could conceivably draw up and approve a new resolution immediately. G. Mezey responded that while he would like to do this, he did not want to rush the discussion.

G. Mezey adjourned the meeting at 4:12 p.m.

Respectfully submitted,

Noah Wegener
Assemblies Clerk