The American Civil Liberties Union decided not to file a lawsuit against ASU after an agreement was made late Thursday afternoon.
ASU Deputy General Counsel Nancy Tribbensee said complaints against political science and history sophomore Laura Thorson and biology and society sophomore Hayley Ivins for violating a Residential Life policy that prohibits posting items in residence hall windows would be dropped. The policy also would not be enforced, pending the creation of a student-led committee to re-evaluate the rule.
"The president and vice president [of Student Affairs] felt strongly that it should be a student-driven process," Tribbensee said. "We hope that there won't be a need for a lawsuit once that process is completed."
Thorson and Ivins fought the policy last semester, keeping items displayed in their window, in what they said was a matter of First Amendment rights.
Thorson said she was happy the lawsuit was avoided but felt it was their "last resort" when discussions with ASU administrators had not been very successful.
"Hayley and I are both very pleased that we didn't have to go through with the lawsuit and that we are making positive steps with ASU to get this resolved," Thorson said. "At first, when we were trying to work it out, it didn't seem like things were progressing very well."
Thorson said she thinks the idea of the lawsuit prompted ASU officials to make a deal.
"My feeling is that the threat of the lawsuit was a big instigator in their turnaround to make a task force to change the policy," Thorson said.
Tribbensee said the lawsuit was not a factor, but that ASU officials felt a student-made policy would be best.
"This wasn't done to avoid a lawsuit. It was done because we think it's the right thing to do," she said. "We'd always rather have a policy developed by committee, and we had not been contacted about the lawsuit."
Thorson and Ivins will be members of the committee to develop a new policy, along with administrators from Student Affairs and other students. Thorson said the ACLU would monitor the committee's progress to make sure the new policy does not violate the First Amendment.
The current policy was established in 1999 and banned everything but unaltered American flags from hanging in dorm room windows. In 2003, the flags were removed from the policy and a complete ban was put into place, but weeks before the 2004 presidential election, the flag exception was made again.
Thorson said this inconsistency was a large part of why the ban was unfair and unconstitutional. She said no decisions have been made in the wording or content of the new policy, but she is glad students will have a say.
"I think that it is definitely possible to come up with a policy that is constitutional, yet does meet the needs of the ASU community," she said.
Hanna Ricketson, president of the Residence Hall Association, a group of students that represents those living on campus, said she is also happy the situation didn't end in a lawsuit.
"I don't think it needed to be taken that far and I'm glad that it looks like there will be a resolution to the issue soon," Ricketson said.
Undergraduate Student Government President Sophie O'Keefe-Zelman said the decision to work toward a new policy was promising.
"I think it's fantastic that students are going to get a chance to be involved in the process and have an active say in the type of environment they live," she said.
Once a policy has been drafted it will be sent to Juan Gonzalez, vice president of Student Affairs, Thorson said. If she and Ivins are unsatisfied with the policy at that point, they reserve the right to sue.
Reach the reporter at rkost@asu.edu.
