Week 12: Protestors of IU free speech policy declare victory, now to shift focus from Sunday-night events
Sunday night was the 12th and likely final week in a row for a protest at Sample Gates in Bloomington, against Indiana University’s new “expressive activities” policy, which was effective Aug. 1.
Sample Gates is the spot where Kirkwood Avenue dead ends at the western edge of the Bloomington campus.
On the university campus, during the 7-hour window from 11 p.m. to 6 a.m., the policy prohibits expressive activities like vigils.
In the early weeks, the Sunday protests started at 11 p.m., as a deliberate violation of the policy. But more recently, the start time has been shifted to around 10:30 p.m.
At 11 p.m., the routine has been for a handful of protesters who don’t want to risk termination from their jobs or expulsion from the school, to retreat to the public sidewalk for the duration of the protest.
On Sunday night, protestors spoke about the need to shift from the Sunday night vigils at Sample Gates as the focus of their collective action.
Leading off was Heather Akou, who is one of the plaintiffs in the lawsuit the ACLU has filed in federal court, over the constitutionality of the policy. Akou is a professor in IU’s Eskenazi School of Art, Architecture + Design.
Akou put it like this: “I think we’re entering a new phase. We have the ACLU settlement conference Friday [Nov. 15], and that may end with an injunction against the policy.” She continued, “But ultimately, what happens after the court case is really up to us. Shared governance is only as good as the sharing, and IU has really demonstrated that they are not willing to share.”
Over the weeks of Sample Gates protests, Daniel Segal has centered his remarks on the origins of the “expressive activities” policy which trace back to the pro-Gaza encampment protests on Dunn Meadow in the spring of this year.
The university’s administration, led by IU president Pamela Whitten, reacted to two days in late April, when the university used state police in riot gear to break up the encampment.
On Sunday, Segal led off as he has in the past: “Free Palestine!” Segal also called for faculty to support their graduate students and their union, Indiana Graduate Workers Coalition.
Segal said the goal should not be to return to conditions as they existed on campus before Pamela Whitten was appointed president, describing previous administrations as “union busters.” Segal put it like this: “Do not mistake the fact that you could have dinner with them comfortably for thinking that they were fighting the good fight. They were union busters.”
Segal told the gathering: “You’re going to need to rebuild the university on a firm foundation. And I do not see any firm foundation other than unionization—wall-to-wall unions.”
One of the next actions planned is by the graduate workers union—a rally on Dec. 6 at noon, in front of Bryan Hall on Indiana Avenue, which houses the IU administrative offices. Bryan Hall is just south of Sample Gates.
Bryce Greene, who was one of the Dunn Meadow arrestees, and who spoke at Sunday’s protest, told The B Square that the Dec. 6 event will be will be a union action that is designed to demonstrate that “the union is still powerful, to show the university that we still deserve and demand a living wage.”
One speaker on Sunday described a need for faculty and students to spread the word beyond the group of people who have shown up to the Sunday night vigils, by talking to at least five people in their own departments. He described that activity as not necessarily “inspiring” but rather as “homework.” It’s concrete action, he said, just like the Dec. 6 union rally would be.
Guy Loftman, a former attorney and IU student government leader, gave remarks on Sunday as he has at several previous weekly protests. Over a month ago, he noted that the last time the IU football team was 5–0 was when he was student body president in 1967. The team’s record this season now stands at 10–0.
On Sunday, Loftman said the Whitten administration lacks “intellectual integrity,” which was shown by the fact that the university had not followed through on its threat to arrest him for trespass. Loftman put it like this: “If they did [have intellectual integrity], they would have arrested me like they said they were gonna arrest me.”
IU emeritus professor Russ Skiba had the last turn with the bullhorn on Sunday, and asked group to respond to series of questions, like: “Are you ready to stop advocating for Palestine and against genocide?”
Each of the series of questions posed by Skiba drew a resounding “No!” from the crowd, until the final one: “No, are you ready to stop our vigil?” That one got a mixed response, which dissolved into laughter.
IU professor of Germanic Studies Benjamin Robinson apologized for interrupting Skiba, but said he felt the group needed to move on to something along the lines of setting themselves the concrete task of talking to other people in their own departments.
Loftman also weighed in for daytime activities: “I’m 79 years old, and it’s really hard for me to be out past my bedtime,” Loftman said, adding, “And this is not a photogenic situation.”
The ACLU has filed a lawsuit over the policy on behalf of ten plaintiffs—all of whom joined the protest in Dunn Meadow against the war in Gaza on April 25, or in the following days, according to the filed complaint.
A key claim in the ACLU’s lawsuit is that the 11 p.m. to 6 a.m. timeframe in UA-10 is “overbroad.”
All of the briefs have now been filed in connection with motion for a preliminary injunction, which was filed on Sept. 16.
On Oct. 1, the university filed its response to the ACLU’s motion for a preliminary injunction. On Oct. 7, the ACLU filed its reply to the university’s response.
That means all the briefs are now filed in connection with the motion for a preliminary injunction, under the case management plan.
