• University of Wyoming signs consent order
By Laramie Boomerang staff
Via- Wyoming News Exchange
LARAMIE — After a four-month legal battle, the University of Wyoming signed a consent order on Friday, bringing the Wyoming Union tabling lawsuit brought forward by Todd Schmidt to a close nearly a year after Schmidt displayed the name of a transgender student at his table in the student union.
“The University of Wyoming has agreed to the terms of a consent order that will resolve a lawsuit filed by Todd Schmidt regarding a one-year suspension of his tabling privileges in the Wyoming Union, if the order is approved by U.S. District Judge Nancy Freudenthal,” a UW news release states about the matter.
“Under the terms of the proposed order, UW will continue to refrain from enforcing a prior tabling ban on Schmidt and will not censor Schmidt’s views on the sexual identity of a transgender student, in accordance with a preliminary injunction issued by Freudenthal earlier this year.”
The university will reimburse a portion of Schmidt’s attorney’s fees, totaling $35,000, but no other payments will be made to the plaintiff. This arrangement comes after the judge ruled that Schmidt may not sue UW Associate Vice President for Student Affairs and Dean of Students Ryan O’Neil in her individual capacity or for monetary damages.
Throughout the legal battle, the court ruled that UW had the right to regulate activities within the Wyoming Union breezeway, but ultimately found that the conduct displayed by Schmidt last December was not considered unlawful harassment.
If approved, the consent order would uphold UW’s ability to “sanction possible future misbehavior by Schmidt, such as continuing to engage with students who do not wish to speak with him,” according to the court document.
In a Sept. 28 statement to the campus community, UW President Ed Seidel wrote, “While our motive in suspending Schmidt’s tabling privileges was to protect our students, we have accepted the preliminary ruling and wish to move forward. We will be watching closely to make sure that Schmidt’s speech — and that of others — does not go beyond the legal bounds recognized in this ruling and established in decades of case law.”
Seidel announced in that statement that the university would begin implementing the recommendations of its Freedom of Expression, Intellectual Freedom and Constructive Dialogue Working Group, which was appointed in the wake of the tabling incident.
“I implore all of us, amid all of the disagreements, to find common ground and build upon it to tackle the myriad of challenges we face in the 21st century,” Seidel wrote. “That is what has made our country great — and, ultimately, will carry our wonderful state and university forward.”
