On April 25, 2024, pro-Palestinian protesters at UCLA occupied Royce Quad and established an encampment. Royce Quad is a major UCLA thoroughfare and gathering place, surrounded by prominent buildings such as Powell Library and Royce Hall. The protesters cordoned off the area with plywood and metal barriers and set up checkpoints, requiring passersby to wear wristbands to cross them. Protesters guarded the encampment’s entrances and barred individuals who supported the existence of the state of Israel from entering. The encampment blocked access to some classrooms and buildings.
Three Jewish students, Frankel, Ghayoum, and Shemuelian, brought a lawsuit against UCLA. They asserted that they have a religious obligation to support the Jewish state of Israel and that UCLA allowed protesters to restrict them from areas of campus based on their religion.
Frankel frequently used Royce Quad before the protest. After protesters set up the encampment, he stopped crossing the area, believing he would have to disavow Israel to do so. Ghayoum could not study at Powell Library because protesters blocked his access to the library. He feared potential violence if he attempted to cross the encampment which blocked the library entrance. Ghayoum canceled plans to meet a friend at Ackerman Union after four protesters stopped him while he walked toward Janss Steps and repeatedly asked him if he had a wristband. Shemuelian decided not to traverse Royce Quad because she would have to disavow her religious beliefs to do so.
UCLA law enforcement cleared the encampment on May 2. However, protesters continued to disrupt campus. On May 6, protesters briefly occupied other areas of the campus. By May 23, they had set up another encampment that blocked access to campus buildings and disrupted operations. On June 10, protesters established an unauthorized encampment using tents, canopies, and water-filled barriers. The protesters restricted access to the general public and disrupted nearby final exams. Some students missed finals because the protesters and encampment blocked from them from entering classrooms. The university had to evacuate some students in the middle of their exams.
The three student plaintiffs argued that UCLA violated their constitutional rights by allowing pro-Palestinian protesters to establish an encampment that excluded them based on their religious beliefs. They claimed that UCLA’s failure to address the encampment’s discriminatory actions effectively barred them from accessing key campus resources and facilities. The plaintiffs asserted that this exclusion violated their rights under the First Amendment Free Exercise Clause, which prohibits discriminatory treatment based on religious beliefs.
The plaintiffs asked the trial court to grant a preliminary injunction that would prevent UCLA from continuing to allow such exclusions. They also requested that UCLA take steps to prevent future discrimination and ensure that Jewish students have equal access to the university’s resources. UCLA argued that third-party protesters, not the university, had excluded Jewish students from campus areas. UCLA contended that its focus was on de-escalating potential violence and managing campus safety.
The trial court granted the preliminary injunction. The court found that the plaintiffs had raised serious questions regarding their Free Exercise Clause claims and demonstrated a likelihood of irreparable harm if the court did not grant an injunction. The trial court ordered UCLA to not offer any ordinarily available programs, activities, or campus areas to any students if they know those programs, activities, or campus areas are not fully and equally accessible to Jewish students. The court also prohibited UCLA from knowingly allowing or facilitating the exclusion of Jewish students from ordinarily available portions of UCLA’s programs, activities, and campus areas, whether as a result of a de-escalation strategy or otherwise.
Frankel v. Regents of the Univ. of Cal. (C.D.Cal. Aug. 13, 2024, No. 2:24-cv-04702-MCS-PD) 2024 U.S.Dist.LEXIS 146433.