October 28, 2006
Senator Cantwell/Bellevue Community College Violate My First Amendment Rights

Hey everyone, my name is Nick Jacob and I'm a sophomore at Bellevue Community College. I just wanted to let you know about a situation that occured Thursday on campus in which I, and four others, were denied access to the Maria Cantwell/Barack Obama rally because we were wearing Mike Mcgavick for Senate t-shirts.

Four days ago, on October 24th, BCC public safety director Joe Fithian sent out an email to all BCC students, letting us know about the Cantwell/Obama rally, and advising us about what we should do about parking. In that email, Mr. Fithian declared:

"The Cantwell campaign has told us BCC students are welcome to attend this event. Doors open at 9 a.m., and no tickets are necessary. The speeches are expected to begin shortly after 10. Further questions about the event should be directed to Sen. Cantwell's campaign headquarters, at 206-217-2006."

When I found out about the event, I called my friend and asked him if he would go to Mcgavick's headquarters and get some t-shirts, stickers, signs, etc. He did that, and we showed up on campus today wearing our McGavick t-shirts. We got in line, where a couple of our friends joined us, also wearing the McGavick shirts. A student we had never met before, Justin Yates, then approached us and said, "Oh, I guess this is where the Republicans are," and told us he was a Republican as well. We gave him an extra shirt we had, and there we stood: five Republican rebels.

We slowly made our way up to the front, toward the entrance doors to the gym after about a good 35-40 minutes or so. Just as we were about ready to go in, we were confronted by Cantwell volunteers who physically pushed us back and told us we couldn't go in. I told the man that was grabbing me that he couldn't deny us entry, and attempted to go around him. He then grabbed and pushed me harder, and we were forced to stand outside some ropes they had set up, while hundreds of other people filed into the gymnasium.

I knew the Dems would be hostile, but I never expected to be denied entry to an event that I was invited to. As a tuition paying student, and as a student that was required to go by my teacher, I was appalled that I wasn't going to be allowed to go in, simply because I was wearing a t-shirt that supported a Republican candidate.

Senator Cantwell's "director of advance," Tim Barry, accused us of trying to draw attention to ourselves and of trying to be disruptive, giving these as reasons why we couldn't go in. Nothing could be further from the truth. We stood in line and interacted with the people around us in a civil manner. We never drew attention to ourselves in any way. We never yelled, we were never disrespectful, yet Mr. Barry continued to say that we were "disrupting" the event. He told us that we could stand outside and listen to the speeches through the loudspeakers, but repeated that we were not getting in. He said he'd see what he could do if we took off our shirts, but we told him that we weren't going to allow him to take away our freedom of speech. (He later told BCC administrators that even if we took off the shirts, he wouldn't let us in.)

As we continued to ask Mr. Barry why exactly he was trampling on our first amendment rights, the director of public safety of BCC, Joe Fithian, came up to us to ask what the problem was. We told him that we were being barred from entering the gym because of the t-shirts we were wearing. He took a neutral stance, and said there was nothing he could do.

Mr. Barry kept repeating that the Democrats had rented out the gymnasium, so they could choose who or who not to let in. We explained to him that a.) his own campaign had said that all BCC students who wanted to attend could attend, b.) that our teachers made it a requirement that we go, and c.) that we were tuition paying students, and that he was segregating us from the rest of the people in attendance and violating our first amendment rights, simply because we were wearing t-shirts he didn't like.

The dean of students, Tom Pritchard then came down, and he too took a neutral stance. He told the five of us that he supported us doing whatever we had to do as far as going to the press, but made a pretty minimal effort of trying to get us into the event. I made the point perfectly clear to him that this was going to look really bad for BCC, if they continued to support the Dems in denying us entry.

After standing there for nearly 30 minutes, the Vice President of BCC, Laura Sanders, came down as well. After a few minutes of discussing the situation with us, as well as some members of the school's administration, she said that we could, in fact, go in, as long as we stood in the back and were quiet. Mr. Barry then protested her decision, and said that he had every right to keep us outside. Ms. Sanders then apparently bowed to the pressure and said that we couldn't go in after all.

All in all, we were never allowed inside the gymnasium, but the five of us chose to stand outside proudly wearing our Mike Mcgavick for Senate shirts until the event was over.

We've been in contact with Nathan Johnson, Mike McGavick's field coordinator, and let him know about the situation. Three of the five of us called in to 570-KVI AM on Thursday, and let talk-show host Bryan Suits know what happened. The next morning, we also talked on-air to Kirby Wilbur of KVI, and yesterday, we talked to Thor Tolo of KGNW 820AM for a full hour. We also met with Dean of Students of BCC, Tom Pritchard, yesterday and got the process started of filing a formal complaint against the college. Then today, there was an article in the King County Journal of the entire situation.

http://www.kingcountyjournal.com/apps/pbcs.dll/article?AID=/20061028/NEWS/610280318

The article has most of the events rights, but does not put any blame on BCC as it should. We have also been in contact with the ACLU, and they have told us that if this isn't a violation of the first amendment, they don't know what is.

As for me, I can't stand the ACLU, but I think it would deal a great blow to the Democrats if they took our case. Anyway, just wanted to let you all know what was going on. This is yet another example of just how much the Dems hate Republicans. That they would trample on our first amendment rights, and segregate an event in which we were invited, that's pretty appalling. In addition, for the BCC administration not to stand up and fight for their own students, that tells me that there is something seriously wrong with that institution.

Nick Jacob
Collegerepublican7@gmail.com

Posted by Nick_Jacob at October 28, 2006 04:05 PM | Email This
Comments
1. Thanks for the post. IF you were REQUIRED to go by your teachers, and IF the event was billed to be open to the whole student body (and both of these are the case, apparently), then they SHOULD have let you in, T-shirts or not. I could understand if they were just holding an event aimed at democrat supporters for an inter-party pep rally of sorts that they would not want you in, especially if you had been disruptive to the event (which I would not favor), but clearly this is not how the event was promoted. In this case, they SHOULD have let you in. You were right to complain. Does BCC NOT think that Democrats WOULDN'T have tried to come to a republican event that was required by teachers to go and said to be open to ALL BCC students??? SO you are right to file a complaint, in this case. The college officials did not do you guys justice whatsoever.

Posted by: Misty on October 28, 2006 06:54 PM
2. ..and btw, why did your teachers REQUIRE you to go this to rally?? Did they require you to go to a similar republican-sponsored event, as well?

Posted by: Misty on October 28, 2006 06:58 PM
3. Hey Misty, in response to your comments, we were indeed required to attend the event by our professors. However, they did not make us go to support the Democrats; they made us go so we could observe the audience, and observe the Democrats' campaign strategy. We were then going to be writing a paper about the event. Obviously, we're not going to be able to do that, as we were forced to stand outside.

Nick

Posted by: Nick_Jacob on October 28, 2006 08:27 PM
4. Liberal tolerance on display.

Posted by: JCM on October 28, 2006 09:12 PM
5. I blogged this and forwarded the story to several national bloggers I know.

http://leaningstraightup.com/2006/10/29/local-liberal-tolerance/

Posted by: guitarplayr on October 29, 2006 11:31 AM
6. Listen I was at the event. I read the king county journal article and here is what I have to say. I can't defend their getting physical with you and it is a shame that you cannot write your paper regarding democratic strategy. But if you cared about writing the paper, you should have contacted the site coordinator for the event and asked if there was a dress code. I know it wasn't explicitly listed on the flyer, but it did say if you have further questions call this number. I saw and talked to a couple of republicans that made it in, and they were wearing street clothes. I can even understand that you wanted to support your candidate and let it be known there are definitely Republicans in Bellevue. I understand the passion that led to you jerking that t-shirt over your head that morning. I do trust me. But this might just be another place where you should pick your battles wisely. Besides there wasn't a lot you could glean about democratic strategy from the event. It was a top-down democratic support event. They brought in Obama, a potential presidential candidate (2008 or 2012) to support Maria Cantwell and Darcy Burner, while his presence there allowed some of the lower candidates to speak in front a large audience and get more exposure. As far as themes for the speeches. They weren't a surprise. There were a host of populist issues they supported individually and then there were broader party objectives if one or both of the federal houses turnover. My point is not that you're wrong it is that if the paper mattered you should have contacted the site coordinator. Also just general advice: pick your battles wisely. Don't let your political passions take away from the actual message you want to get across.

Posted by: enoch on October 29, 2006 12:55 PM
7. Enoch,

I should have called and asked if there was a dress code? I wasn't aware that wearing a Republican t-shirt was againt BCC's dress code. After all, I was attending the school that I pay for.

I can understand if Cantwell's campaign organizers didn't like our shirts, but they made it known that ALL BCC students were welcome. We were not there to disrupt the event, just to show our support for Mr. McGavick. Why should we have to be labeled and counted as Cantwell supporters, when we're not? We had the right, under the first amendment, to wear the shirts that we had on, and to be let into the event.

Posted by: Nick_Jacob on October 29, 2006 01:41 PM
8. Enoch. You don't understand the magnitude of this issue. BCC as a government organization has strict statutes developed by legislatures that prohibit this form of discrimination. Check out their college campus policies. You can also check out the Washington State Administrative Codes (WAC's) pertaining to Bellevue Community College. As a matter of fact I will post it for you. I could also post the first ammendment of the US Constitution but I'm sure you might be able to google that on your own. Tell ya what, you find anything in those two sources that mention dress code, and we'll drop our case. But until then, the coordinator and everyone else that disagrees in their almighty wisdom, can advise someone else when to "choose their battles wisely." Check it out, pretty solid case huh?

WAC 132H-120-050
Student rights and freedoms.
The following enumerated rights and freedoms are guaranteed to each student within the limitations of statutory law and college policies that are deemed necessary to achieve the educational goals of the college:

(1) Academic freedom.

(a) Students are guaranteed rights of free inquiry, expression and peaceful assembly upon and within college facilities that are generally open and available to the public. Students and other members of the college community shall always be free to express their views or support causes by orderly means which do not disrupt the regular and essential operation of the college.

(b) Students shall have the right of assembly as defined in WAC 132H-120-030 upon college facilities that are generally available to the public: Provided, That such assembly shall:

(i) Be conducted in an orderly manner; and

(ii) Not unreasonably interfere with vehicular or pedestrian traffic; or

(iii) Not unreasonably interfere with classes, schedules, meetings, or ceremonies, or with the educational functions of the college;

(iv) Not unreasonably interfere with college functions; and

(v) Not cause damage or destruction to college property or private property on the college campus.

(vi) The president reserves the right to direct students assembling under this subsection to relocate to the free speech area designated in WAC 132H-120-030(14), to prevent interference will college classes or other college activities.

(c) Students are free to pursue appropriate educational objectives from among the college's curricula, programs and services, subject to the limitations of RCW 28B.50.090 (3)(b).

(d) Students shall be protected from academic evaluation which is arbitrary, prejudiced or capricious, but are responsible for meeting the standards of academic performance established by each of their instructors.

(e) Students have the right to a learning environment which is free from unlawful discrimination, inappropriate and disrespectful conduct, and sexual harassment.

(2) Due process.

(a) The right of students to be secure in their persons, quarters, papers and effects against unreasonable searches and seizures is guaranteed.

(b) No disciplinary sanction may be imposed on any student without notice to the accused of the nature of the charges.

(c) A student accused of violating this student code is entitled, upon request, to procedural due process as set forth in this chapter.

(3) Distribution and posting. Students may distribute or post printed or published material subject to official procedures printed and available in the office of student programs. All free publications not in violation of state and/or federal laws such as books, magazines, newspapers, handbills, leaflets, or similar materials may be distributed on campus. The college may restrict the distribution of any publications where such distribution unreasonably interferes with college operations. Such materials may be distributed from authorized public areas in the student center and at any outdoor area on campus consistent with the maintenance of college property, with the free flow of traffic and persons, and not in a manner which in itself limits the orderly operation of college affairs. Any person desiring to distribute such publications shall first register with the office of student programs so that reasonable areas and times can be assured and the activities of the institution will not be unduly interfered with. All handbills, leaflets, newspapers, and similarly related matter must bear identification as to the publishing agency and distributing organization or individual.

(4) Off campus speakers. Recognized student organizations shall have the right to invite outside speakers to speak on campus subject to the availability of campus facilities, funding, and compliance with the college procedures available in the campus operations office.

(2) "Assembly" is any overt activity engaged in by two or more persons, the object of which is to gain publicity, advocate a view, petition for a cause or disseminate information to any person, persons or groups of persons.


Posted by: Dr. J on October 29, 2006 08:23 PM
9. Essentially you guys were tagged for being potentially disruptive. Why?

Well they look at you in the McGavick shirts and say "ok, what would one of our people do if the situation was reversed, and they wore a Cantwell shirt to a McGavick rally?" The answer? Well if recent headlines are an indicator? Riot and cause a disruption.

So essentially they expected you to act like they would.

Simple really. They are projecting their misbehavior.

Posted by: guitarplayr on October 29, 2006 11:03 PM
10. Haha, exactly guitarplayr.

They forget that the majority of us aren't like them.

Posted by: Nick_Jacob on October 29, 2006 11:34 PM
11. You have to remember that the Democrats were assuming that these 5 would do what they themselves would do. If 5 Cantwell cladded students walked into a GOP event then odds are they would've attempted to scream down or disrupt the event.

They simply assumed that these Mike! supporters would do the same thing that any party loyalist would do in their eyes. They don't understand like most of us do that these 5 are already outnumbered on this campus and that they were probably just wearing the shirts to demonstrate that they weren't just more braindead college sheep being herded into a Democrat rally because they don't know any better. Just wearing the shirt is enough of a statement.

Posted by: Tracy on October 30, 2006 02:14 PM
12. Hhhmmm: According to the Journal article, the Cantwell representative, anticipating a "disruption", takes decisive, (albiet UNILATERAL)pre-emptive action, and saves the day. Should she be congratulated, or impeached? Hhhmmm.......

Posted by: PLFlash on October 30, 2006 03:34 PM
13. Dissent is always OK, as long as it's from the left. Thanks Nick, great post that shows Democrats for who they really are, intolerant and arrogant.

Posted by: Jeff B. on October 30, 2006 06:03 PM
14. If this were a normal college function, I would be in full support of the students. The thing is, the Democrats did rent the gym - essentially giving them property rights over the complex. While it is pretty sad that they didn't feel comfortable enough to let in 5 college students wearing opposition shirts, I fully support their right to turn away whom ever they wish.

Posted by: nordsieck on October 31, 2006 02:15 AM
15. Bush and any other Republican would do the exact same thing. In fact, they have already done so. Therefore, I feel little compassion for you. Clean your own house first.

Students were not forced to go as school policy; If your teacher forced you to go, I suggest you take it up with the teacher and school administration. Many students were allowed to skip class to avoid the parking mess.

A lot of people weren't allowed to attend the event due to the large size of turn out. They had to listen outside.

The Dems rented this, so they have the right.

I do find it funny how many conservatives run to the defense of the ACLU as soon as they get in trouble, yet cuss at them whenever they get the chance. You and Limbaugh are easy examples: hypocrites.

Posted by: Timetheos on October 31, 2006 01:22 PM
16. I lean toward the Democrats, but see this as a big blunder on the part of the Cantwell Campaign. They should have been nicer to you and at least allowed you in and ignored you. Then, maybe you could have even been influenced by their speaches, in a positive way, if they had shown an accepting attitude toward you.

This kind of hostile political stuff goes both ways. Republican rallys will often not allow folks in with democrat T-shirts.

Both party's should allow the other side's T-shirt wearere in for good PR. Otherwise they look too authoritarian.

I remember a case at the Spokane world's fair, in 1974 where some folks tried to enter the Soviet pavilion with T-shirts proclaiming support for the jews under Soviet rule. The pavilion kicked them out, but they complained to Spokane Worlds Fair officials. I don't remember exactly what happened, but I think the fair may have threatened to have the Soviet pavilion removed from fair property. Eventually, I think, the pavillion let them in, or some kind of compromise was worked out.

Posted by: Robert on November 1, 2006 03:30 PM
17. Bah!!! All you freakin' liberal freaks that think these students rights weren't violated should be a little more tolerant. You are the party of tolerance, right? This wasn't "billed" as a dem rally, if it was then maybe this wouldn't be an issue. The fact that the school invited all students, this is where the rubber meets the road, all bets are off. Too bad the BCC officials "bowed" to the Can'twell campaign.

Nick, M, D, E and J, you guys RAWK! You are making Conservatives proud.


-Buy a gun, piss of a liberal. ;)

Posted by: Joe_Schmuckitelly on November 2, 2006 12:21 AM
18. Perhaps Cantwell should have treated them like Allen treated Mike Stark (http://content.hamptonroads.com/story.cfm?story=113596&ran=150261)

snark

Seriously: Has Yates spoken out against what happend to Stark?

Posted by: Timetheos on November 2, 2006 11:03 AM
19. I believe that many democratic supporters have been kept out of Bush events because of the slogans on their t-shirts. Unfortunately in this case, precedent has been set.

Posted by: Charlie on November 5, 2006 02:56 PM
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