Bismarck Tribune - North Dakota News - ND appeals court says judge must revisit free-speech ruling

ND appeals court says judge must revisit free-speech ruling

Aug 24, 2007 - 04:05:22 CDT

By DALE WETZEL
Associated Press Writer

The University of North Dakota may have violated the free-speech rights of activists who were circulating an initiative petition to change North Dakota's child custody laws, a state appeals court ruled.

The North Dakota Court of Appeals order Wednesday directs Northeast Central District Judge Debbie Kleven to consider a sworn statement by Roland Riemers, of Emerado, in the context of a UND motion for a summary judgment in its favor.

Riemers' affidavit says he and other petition circulators were attempting to gather signatures on the UND campus last August for a ballot measure that sought to radically revamp North Dakota's laws on child custody and support.

Riemers said circulators were barred from approaching people inside UND's student union to ask if they wished to sign. Instead, they could only display a sign and hope people came to them, Riemers' affidavit said.

"We have found, though, that just (sitting) quietly at a table without speaking up is mostly useless for petition gathering," Riemers' statement said.

Riemers' lawsuit seeks an injunction against UND to prevent the school from limiting speech on campus, and requiring the university to allow people to sit in on law school classes if they wish without paying tuition.

The appeals court's ruling on Wednesday rejected Riemers' argument that he and others were entitled to observe law school classes.

But the decision revived Riemers' free-speech claim and ordered Kleven to consider Riemers' affidavit, should UND seek a summary judgment in its favor. The three judges also said Riemers did not have to pay UND's attorneys' fees.

"We conclude the district court erred in dismissing Riemers' free-speech claim ... after Riemers had submitted an affidavit which was not expressly excluded by the court," the ruling says.

Riemers is a frequent litigant in North Dakota's court system, and mostly acts as his own attorney. The Supreme Court has heard a number of appeals involving Riemers, many of which came from disputes arising from two divorces.

The North Dakota Court of Appeals hears cases occasionally at the direction of the Supreme Court. Its members are typically retired state district judges. Former district Judges Benny Graff, William Hodny and Ronald Goodman heard Riemers' appeal.

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Comments

free Spea\ech in North Dakota? Ha Ha wrote on Aug 28, 2007 10:04 AM:

" Free Speech is not something ND allows. Point in fact. When a citizen of my county wanted to circulate an explanation (based on the Dept of Justice Info) to local people on exactly what they're "jail" was allowed to hold (seeing as the localnewspaper lied to the citizens), he was harassed by the local county sheriff and threatened with imprisonment for circulating the information. He was on a curb-side, across from the jail, with signs on his car. He wasn't shouting, wasn't in the street, wasn't threatening, just standing by the car with signs and flyers. How's that for free speech in ND. Oh, and if you write a letter to the editor in my small county, if it's at all critical of anything the "government does", the paper won't print it. It has to be all sweet and smelling of roses. That's ND for you. "

Gardog wrote on Aug 26, 2007 11:19 PM:

" Circulate a petition on campus, yes. A question does arise as to how agressive they can be in approaching people. Where does circulation end and harrassment begin? Possibly somewhere between, "...just (sitting) quietly at a table without speaking up ..." and "...approaching people inside UND's student union to ask if they wished to sign..." It all depends on how you go about approaching and asking. The school is expected to provide a safe environemnt for students. Given some of the things which have happened in the past year at campuses, I don't think requiring the petition signature gatherers to sit at a table was an unreasonable error toward restraint. "

Yes! wrote on Aug 24, 2007 11:08 AM:

" Finally... "prudence" in jurisprudence! I always find it ironic that bastions of liberalism- that claim free speech rights when it suits their agenda- suppress opposing viewpoints, showing us wh othose in charge really are: thought police. Do I agree with the viewpoint of the petitioners? I don't necessariyl know. Do I think they should be allowed to circulate on a state-funded campus. Darn right I do. Their money paid/pays for it, too. UND Powers-That-Be... what a bunch of hypocrites. "

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