A small number of staff, students and faculty gathered at the Sample Gates Sunday night to celebrate a preliminary injunction against Indiana University's expressive activity policy's overnight restrictions. (George Hale, WTIU)
IU faculty and students gathered on campus Sunday night after a court ordered the university to stop enforcing a ban on overnight protests.
“Five-four-three-two-one … It’s eleven o’clock!” they said.
The small group included plaintiffs in a lawsuit filed by the American Civil Liberties Union of Indiana challenging IU’s ban on “First Amendment activity” after 11 p.m.
Read more: Judge orders IU to pause expressive activity policy, allowing overnight protests
IU created the policy in response to an encampment set up by anti-war protesters at nearby Dunn Meadow last spring. Soon after, faculty members, students and alumni began organizing weekly late-night gatherings to challenge the policy.
Twenty-four faculty, staff and students received punishments for participating in the vigils, said Heather Akou, an IU associate professor of fashion.
“Interestingly enough, you’d think with such a policy that forbids all First Amendment activity, that hundreds, if not thousands of people would be punished for violating that policy,” Akou said. “How could you not violate it? But nope, 24 people were punished — only people who participated in our vigils.”
Akou is a plaintiff in the ACLU lawsuit and one of 13 faculty members cited for violating the policy during similar gatherings at the Sample Gates last fall.
“Without having asked permission, we’re here both to celebrate and to use our hard-won civil rights by saying whatever we want to about this administration,” Akou said.
Last week, a federal judge in Indianapolis issued a temporary injunction barring the university from enforcing the overnight restrictions, saying it’s likely unconstitutional.
Despite the order, IU officials aren’t removing the citations against Akou and others.
Read more: Faculty review board recommends IU wipe citations for expressive activity violations
Bloomington Provost Rahul Shrivastav said while they were entitled to express disagreement with the policy, the faculty members should be prepared to accept the consequences for not following it. Shrivastav said they could appeal to IU President Pamela Whitten, which Akou said is not likely.
