Gilles v. Miller

501 F. Supp. 2d 939, 2007 U.S. Dist. LEXIS 47587, 2007 WL 1959171
CourtDistrict Court, W.D. Kentucky
DecidedJune 27, 2007
Docket5:06CV-166-R
StatusPublished
Cited by3 cases

This text of 501 F. Supp. 2d 939 (Gilles v. Miller) is published on Counsel Stack Legal Research, covering District Court, W.D. Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gilles v. Miller, 501 F. Supp. 2d 939, 2007 U.S. Dist. LEXIS 47587, 2007 WL 1959171 (W.D. Ky. 2007).

Opinion

MEMORANDUM OPINION

RUSSELL, District Judge.

This matter is before the Court on Plaintiffs Motion for a Preliminary Injunction (Docket # 12). Defendants have filed a response (Docket # 18), to which Plaintiff has replied (Docket # 21). This matter is now ripe for adjudication. For the reasons that follow, Plaintiffs Motion for a Preliminary Injunction is DENIED.

BACKGROUND

Plaintiff James G. Gilíes challenges the Murray State University (MSU) solicitation/sponsorship policy arguing that it arbitrarily restricts the right of individual speech in open areas of MSU’s campus. Plaintiff seeks relief in the form of a preliminary injunction enjoining Defendants from applying the speech requirements set out in the MSU solicitation/sponsorship policy to the individual religious expression of Plaintiff.

Plaintiff is a traveling evangelist for his religion. Pursuant to a religious tenet, Plaintiff strives to publicly proclaim and communicate his faith and convictions at public universities around the country. He typically relies on oral communication and literature distribution as the means of conveying his message. Plaintiff does not seek monetary gain through this activity, nor does he elicit signatures or membership to any organization.

MSU is a public institution of higher education located in Calloway County, Kentucky. MSU is governed by an eleven person Board of Regents which has exclusive authority to govern the use of MSU’s property.

Plaintiff began visiting and speaking on the MSU campus in the 1980’s. Plaintiff states that he seeks to peacefully share his religious message and has no intent to harass anyone. While speaking on the MSU campus, Plaintiff made the following statements:

Not every sorority girl is a whore, just most of them.
So you admit you’re not listening? God have mercy on her, she’s only a woman ... Women are not logical.
Hey, some of you girls at MSU are worse than prostitutes. You don’t even charge. You do it free.

*943 Plaintiff also called a sixty-five year old female professor a whore for wearing make-up and told two women jogging by him wearing shorts that they were harlots that deserved to be raped. There were numerous complaints about these statements.

Plaintiff indicates that during a visit to MSU in 1991, he was directed by Defendant Jim Baurer, Director of the Curris Center, to use the west side of the Curris Center for his activities. 1 This area is surrounded with several buildings that are heavily used by a large number of students. Plaintiff states that Baurer informed him that this area of the Curris Center serves as the designated free speech area on the MSU campus.

On October 4, 2004, Plaintiff returned to MSU. He went to the area located just west of the Curris Center and began to speak with individuals about his religious convictions and cultural issues of the day. After approximately eighty minutes, Plaintiff was approached by Baurer who informed him that he must stop speaking on campus unless he could secure sponsorship from the university as his speech was considered solicitation. Plaintiff states that he announced the sponsorship requirement to those around him and that several students voiced a sincere desire to sponsor him. Plaintiff states that Baurer rejected this alternative, advising that no individual student would be permitted to sponsor Plaintiff. Plaintiff states that without the requisite sponsorship, and in fear of arrest, he left the campus.

Later on in that day, Plaintiff returned to MSU and spoke with Defendant Don Robertson, Vice President of Student Affairs at MSU, about the restriction. Robertson confirmed Baurer’s interpretation and application of the solicitation/sponsorship policy. He reiterated that Plaintiff would be required to obtain sponsorship by a student organization or the university itself to speak on any part of MSU campus.

In a subsequent conversation that day, Baurer described Plaintiffs expression as solicitation and directed Plaintiff to the solicitation/sponsorship policy found in MSU’s Student Life Handbook. That provision provides:

University Policy on Campus Solicitation

Murray State University has the duty and responsibility to maintain a safe and healthy environment conducive to its principal mission of education. At the same time, the university recognizes and respects the constitutional protection of free speech as well as the individual student’s right to privacy. Accordingly, the university hereby adopts this solicitation policy for the purpose of establishing reasonable time, place, and manner restrictions on and around campus solicitation.
Even within areas open to solicitation, this contact may not substantially disrupt or materially (or significantly) interfere with the educational, administrative, or operational activities of the university. Commercial speech which is false, fraudulent or misrepresentative is not permitted. Events which are in violation of local, state or federal law, or rules, regulations, and guidelines of the university are prohibited.
Any outside organization or individual wishing to come on campus for the purpose of solicitation must be sponsored by a registered MSU organization or university department. After obtaining sponsorship, the outside organization or individual must follow the proper proce *944 dures as stated in the Student Life Handbook and other relevant publications.
• Solicitation in or around campus residences requires permission from the housing office and is governed by regulations published by the housing office which are located in the Student Life Handbook []. Solicitation in the residence halls is not permitted on a door-to-door basis.
• Solicitation in or around the Curris Center is controlled by and requires advance permission from the director of the Curris Center.
• Solicitation at or around athletic events is normally prohibited. If an exception to this general policy is to be made, it must be made by the director of intercollegiate athletics.
• Solicitation inside or around any campus building must be approved by the coordinator for that facility.
• There will be no solicitation during Summer Orientation.

MSU has also promulgated a “Policy on non-University speakers” which has been in existence since at least 1975. The policy appears in the Student Life Handbook and states:

Policy on Non-University Speakers 2

Murray State University is committed to the concept that a university should encourage the free flow of ideas on all subjects, including controversial issues, and that all ideas should be subjected to objective, critical analysis.

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Related

Keister v. Bell
240 F. Supp. 3d 1232 (N.D. Alabama, 2017)
Gilles v. Garland
281 F. App'x 501 (Sixth Circuit, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
501 F. Supp. 2d 939, 2007 U.S. Dist. LEXIS 47587, 2007 WL 1959171, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gilles-v-miller-kywd-2007.