Update 8:00 pm CDT:
The Foundation for Individual Rights and Expression (FIRE) has filed a motion for a temporary restraining order seeking to enjoin WT “from preventing Plaintiffs’ March 31, 2023 event from moving forward.” The proposed draft TRO would also prevent WT from prohibiting similar events in the future.
According to the filing, JT Morris, an attorney for FIRE, reached out to Ray Bonilla, the general counsel for Texas A&M, informing him of FIRE’s intent to make the motion. Morris notes that “Mr. Bonilla has not provided a position” on the TRO.
Original story:
The Foundation for Individual Rights and Expression (FIRE), a first amendment group known for supporting free speech on college and university campuses, has filed a lawsuit against West Texas A&M University President Walter Wendler over the cancellation of a student-organized drag show.
The lawsuit, which also names WT’s Vice President for Student Affairs Christopher Thomas, Texas A&M Chancellor John Sharp, and the members of the Texas A&M Board of Regents, was filed in the United States District Court Northern District of Texas Amarillo Division. The plaintiffs listed on the complaint are WT students Barrett Bright and Lauren Stovall, as well as Spectrum WT, the group which had organized the event.
In the complaint, FIRE accuses Wendler of violating the first amendment to the United States Constitution, stating that “as a public official, he cannot bar Spectrum WT and its members from exercising their First Amendment rights merely because he believes his personal opinions override the Constitution. They don’t.”
The lawsuit seeks to restore the event, to prohibit the university from canceling similar events in the future, a declaratory judgment that Wendler’s cancellation of the event violated the first amendment, compensatory and punitive damages, attorney’s fees, and plaintiffs’ costs.
The complaint was signed and submitted to the court by FIRE attorney JT Morris. It came after a letter sent by FIRE to Wendler earlier this week urging him to restore the event.
The cancellation of the event sparked protests by students, though some local conservative groups have expressed support for Wendler, including the Young Conservatives of Texas chapter at WTAMU. Congressman Ronny Jackson tweeted a link to a petition started by the chapter, stating that “Dr. Wendler bravely stood up for traditional values on campus, now the woke mob wants him DESTROYED.”
The court at the center of the case is at the center of several other high-profile cases, including an anti-trust lawsuit against The Washington Post, BBC, AP, and Reuters, as well as a lawsuit seeking to revoke FDA approval of an abortion pill. Judge Matthew J. Kacsmaryk, who was appointed by Donald Trump, presides over the court.