Dining workers filed a First Amendment lawsuit against Arizona State University after two employees were arrested at a May protest.
On May 11, several employees picketed ahead of the undergraduate graduation ceremony on ASU's Tempe campus before two were arrested for trespassing. One of the protesters is seen in a video being forced to the ground by police before being handcuffed on the sidewalk.
The employees remain in a monthslong contract dispute with their employer, Aramark. The food services company contracts with ASU and several other entities in the Valley. The disagreement between Aramark and the staffers brought on strikes and calls from several lawmakers for the company to finalize negotiations relating to worker pay and benefits.
Attorneys
representing the protesters said ASU began implementing more restrictions on how they could protest on campus until they stopped certain protests from happening at all. Before the arrests, the group led chants and used noisemakers to draw attention from guests.
"By the time of graduation, ASU’s restrictions were no longer a matter of time, place, or manner, but rather content-specific: the message of the workers’ economic plight was not welcome in any form, at any volume, or at any time of day — precisely the kind of speech that powerful institutions would rather keep quiet, and that the First Amendment exists to protect," the complaint read.
The lawsuit also alleges ASU officers used unnecessary force when detaining the protesters, who attorneys said did not threaten police or attempt to stop any graduation attendees from entering Mountain America Stadium.
ASU declined to comment on the pending litigation, but spokesperson Jerry Gonzalez noted that ASU "must also maintain normal campus operations and is not a place with unrestricted public access."
"ASU does not regulate the subject, content or viewpoints of speech, but has adopted time, place and manner guidelines for when and how that speech can take place on campus," Gonzalez said. He also said the university has outdoor areas for public expression.
As a contractor, ASU is not directly involved in the contract dispute between the workers and Aramark. Several Democratic lawmakers have still called on ASU to push for pay and job quality improvements, citing concerns from workers. According to the lawsuit, the median wage for ASU's Aramark workers is $19 an hour.
Helen Rummel covers state politics and higher education for The Arizona Republic. Reach her at hrummel@azcentral.com. Follow her on X, formerly Twitter: @helenrummel.
This article originally appeared on Arizona Republic: Dining workers sue ASU after 2 protesters arrested before graduation
