It's going to become a state crime for protesters—and others—set up encampments at state universities despite some concerns that the measure is unnecessary.
Gov. Katie Hobbs penned her approval Wednesday to legislation which will require school administrators to direct those involved to “immediately dismantle the encampment and vacate the campus.”
And those who do not comply would be subject to arrest on charges of trespass.
Gubernatorial press aide Christian Slater said the new law is necessary.
“The purpose of this legislation is to reinforce and strengthen existing policies, ensuring our universities and community colleges have tools available to ensure all students can learn and thrive safely, while protecting the ability for every student to engage in free speech,” he said. “Gov. Hobbs remains committed to supporting a secure and inclusive academic setting for all students.”
The governor's signature came after both bipartisan support—and bipartisan opposition—to the proposal by Rep. Alma Hernandez, D-Tucson.
She said she introduced the measure in the wake of pro-Palestinian protests last year, not just the ones that got national attention like at Columbia University but also what happened at both the University of Arizona and Arizona State University. She said that Jewish students felt harassed and were forced to take alternate routes through campus.
Both Arizona incidents were broken up by police, though tear gas and pepper balls had to be used on the Tucson campus.
But despite that, no one from either university or the Arizona Board of Regents signed in in favor of the legislation or testified that they supported or needed the change in law.
During Senate debate last month, Hernandez got support from lawmakers like Sen. John Kavanagh.
“These people are taking public university land and appropriating it, seizing it for themselves so other people can't use it,” the Fountain Hills Republican said during discussion of the measure.
And Kavanagh said there have been cases elsewhere where anti-Semitic groups “are intimidating Jewish students and removing their right to free movement around the campus.”
Others, like Sen. Lauren Kuby, however, questioned the need for the restrictions.
“These spaces are long-standing spaces for public discourse, academic inquiry and political dissent,” said the Tempe Democrat. “Public education has to remain a robust space for dialog, not a testing ground for censorship and retaliation.”
There's also the fact that already existing state law appears to give universities and community colleges the power to limit such demonstrations. It spells out that the schools can impose “reasonable viewpoint and content-neutral restrictions on time, place and manner of expression” that are necessary to “achieve a compelling institutional interest.”
Aside from making these encampments a crime, the legislation also requires that disciplinary action must be taken against students who refuse to leave.
Rep. Anna Abeytia questioned the wisdom of such legislation.
“As an activist at heart, this is not a good bill for those of us who are activists and do go out and protests,” the Phoenix Democrat said when she voted against the plan in the House.
“Encampments are a form of sit-ins,” she said. “And sit-ins have a long history, particularly in the Chicano culture.”
And Phoenix Democrat Quanta Crews said she fears how the proposal could be used to quash other protests.
“There are young people who are not trying to intimidate other people ... who are not trying to provide a fearful environment,” she said.
And Crews said it would be one thing if the legislation was needed to give police more power to deal with those who intimidate others.
This, she said, is overly broad.
“I feel like it could be weaponized against different groups that are not intending to harm other students and are just trying to exercise their First Amendment right,” Crews said.
Foes also had a technical concern.
As approved, the new law bans not just any overnight temporary shelters or tents but also makes it illegal for these items remain “for a prolonged period of time.”
Sen. Analise Ortiz, D-Phoenix, called that unconstitutionally vague, saying it could apply not just to protesters in tents but even to sun shades set up by civic groups.
That language caught the attention of Rep. Alexander Kolodin.
What that would include, said the Scottsdale Republican, is a shade and table set up by a conservative group like Turning Point USA while it is seeking to register voters on the campus. Ditto, Kolodin said, of “pro-life organizations when they're handing out literature.”
And he made no secret of his belief that enforcement will end up being based on who is affected.
“Let's not fool ourselves about who runs these universities,” Kolodin said.
“Is this bill really going to be used against Students for Justice in Palestine? Probably not,” he said. “It is going to get used against Turning Point and pro-life organizations? Far more likely.”
During debate, Hernandez defended the scope of the bill. She said Students Against Apartheid which set up encampments a year ago at the University Arizona refused to leave, presenting the schools with a “ridiculous list of demands,” like divesting from certain companies profiting from the war between Israel and Hamas, halting surveillance of student organizers, publicly condemning “Israel's genocidal campaign'' and defunding the U of A police department.
“These people had no intention of leaving,” she said.