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Eric Amidon, et al. v. Student Association of the State University of New York at Albany
Date: 11-22-2007
Case Number: 05-6623-cv(L), 05-6664-cv(CON), 06-0117-cv(XAP)
Judge: John M> Walker, Jr.
Court: Unknown
Plaintiff's Attorney:
THOMAS MARCELLE, Law Office of
Thomas Marcelle, Albany, New York,
for Eric Amidon, Winston Brownlow,
and Collegian Action Leadership
League of New York.
Defendant's Attorney:
LEWIS B. OLIVER, Jr., Oliver &
Oliver, Albany, New York, for the
Student Association of the State
University of New York at Albany.
MICHAEL B. DE LEEUW (Alexander R.
Sussman, Darcy M. Goddard, Michael
F. Savicki, Sloan S.J. Johnston,
Alexis Karteron, on the brief),
Fried, Frank, Harris, Shriver &
Jacobson LLP, New York, New York,
for New York Public Interest
Research Group.
David C. Vladeck, Georgetown
University Law Center, Institute
for Public Representation,
Washington, D.C., for amicus curiae
Connecticut Public Interest
Research Group.
In this appeal from a November 7, 2005 judgment of the
United States District Court for the Northern District of New
York (David N. Hurd, Judge), we decide whether the Student
Association ("SA") of the State University of New York at Albany
("SUNY-Albany") violated the First Amendment by using an advisory
student referendum to determine how to allocate funds from a
mandatory student activity fee among student organizations. The
district court held that it did. See Amidon v. Student Ass'n of
the State Univ. of N.Y. at Albany, 399 F. Supp. 2d 136 (N.D.N.Y.
2005). For the reasons that follow, we agree.
BACKGROUND
Every semester, SUNY-Albany collects a mandatory student
activity fee of $80 from each student, generating approximately
$1.69 million annually. A student who fails to pay this
mandatory fee cannot register for classes and has his transcript
withheld. N.Y. Comp. Codes R. & Reg. tit. 8, § 302.14(c)(2).
Plaintiffs Eric Amidon and Winston Brownlow enrolled at SUNY14
Albany in Fall 2001 and have paid the student activity fee each
semester.
The SA distributes the funds to recognized student
organizations ("RSOs"), of which there are more than one hundred.
A regulation issued by SUNY's Board of Trustees requires the SA
to make funding allocation decisions in a viewpoint-neutral
manner. See id. § 302.14(c)(1)(i).1 Since August 2003, the SA
Constitution has included (1) a requirement that all SA
committees and the SA Senate adhere to the principle of viewpoint
neutrality, (2) a definition of viewpoint neutrality, (3) a rule
that any SA decision violating viewpoint neutrality is "invalid
and null and void," (4) a "standard evaluation form" for
submission by RSOs in support of funding requests,2 (5)
requirements of public disclosure upon an RSO's request of any
documents relating to a decision denying funding and written
statements of the reasons for the denial, and (6) hearing
procedures for new and previously unfunded RSOs. SA Const. §§
808, 809.
* * *
http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA1LTY2MjMtY3Zfb3BuLnBkZg==/05-6623-cv_opn.pdf#xml=http://www.ca2.uscourts.gov:8080/isysquery/irl5b5a/5/hilite
court is AFFIRMED.
About This Case
What was the outcome of Eric Amidon, et al. v. Student Association of the State U...?
The outcome was: For the foregoing reasons, the judgment of the district court is AFFIRMED.
Which court heard Eric Amidon, et al. v. Student Association of the State U...?
This case was heard in Unknown, NY. The presiding judge was John M> Walker, Jr..
Who were the attorneys in Eric Amidon, et al. v. Student Association of the State U...?
Plaintiff's attorney: THOMAS MARCELLE, Law Office of Thomas Marcelle, Albany, New York, for Eric Amidon, Winston Brownlow, and Collegian Action Leadership League of New York.. Defendant's attorney: LEWIS B. OLIVER, Jr., Oliver & Oliver, Albany, New York, for the Student Association of the State University of New York at Albany. MICHAEL B. DE LEEUW (Alexander R. Sussman, Darcy M. Goddard, Michael F. Savicki, Sloan S.J. Johnston, Alexis Karteron, on the brief), Fried, Frank, Harris, Shriver & Jacobson LLP, New York, New York, for New York Public Interest Research Group. David C. Vladeck, Georgetown University Law Center, Institute for Public Representation, Washington, D.C., for amicus curiae Connecticut Public Interest Research Group..
When was Eric Amidon, et al. v. Student Association of the State U... decided?
This case was decided on November 22, 2007.