Printer Friendly Version

American Civil Liberties Union of Virginia, News Release
February 17, 2006

ACLU of Virginia Demands Apology and Damages for Student Arrested for Protesting Campus Military Recruiters
Civil liberties group also seeks revision of campus free speech policy

Fairfax, VA - In a letter sent earlier today to George Mason University, the ACLU of Virginia is demanding that school officials apologize and pay $50,000 to Tariq Khan, a GMU student who was arrested for protesting the presence of military recruiters on campus.

The ACLU is also seeking revisions to GMU’s free speech policy to ensure that constitutionally permissible protests by students are protected in the future.

Khan, a Pakistani-American and a U.S. Air Force veteran, was arrested on September 29, 2005 at a GMU student center after positioning himself several feet from a military recruiting table. He wore a small sign reading “Recruiters Tell Lies” taped to his chest and held leaflets to give to individuals who requested them.

Despite harassment from fellow students, Khan remained quiet. When told by a GMU official that he needed a permit to “table” in the area, Khan responded that he was not using a table, but merely standing quietly and expressing his opinion.

After refusing to move, Khan was handcuffed by campus police, dragged to a police vehicle, and transported to a Fairfax County police facility where he was booked for trespass and disorderly conduct. The ACLU of Virginia provided legal representation, and all charges against Khan were dropped.

“This scenario is almost hard to imagine in a nation built on the principle of free speech,” said ACLU of Virginia executive director Kent Willis.

“This was a lone student standing in public space at a state university peaceably expressing his opinion against a government policy,” added Willis. “If that’s not protected by the First Amendment, then one has to wonder what is.”

A copy of the letter sent from ACLU of Virginia legal director Rebecca K. Glenberg to George Mason University Counsel Thomas Moncure, Jr. follows.

In her letter, Glenberg says that campus police used excessive force in violation of Khan’s Fourth Amendment rights, and committed assault and battery under Virginia law.

Contacts: Kent Willis, Executive Director and Rebecca Glenberg, Legal Director, 804-644-8022

[ACLU of Virginia]

February 17, 2006

VIA FACSIMILE (703/993-2340) AND CERTIFIED MAIL

Thomas Moncure, Jr.
University Counsel
George Mason University
D207 Mason Hall
4400 University Drive
Fairfax , VA 22030

Dear Mr. Moncure:

I write on behalf of Tariq Khan, a third-year George Mason University student. As you may know, Tariq was arrested by campus police on September 29, 2005 for peacefully protesting military recruiters in the Johnson Center on the GMU campus.

The arrest violated Tariq’s rights under the First Amendment to the United States Constitution. Moreover, the campus police used excessive force in violation of the Fourth Amendment. Campus police also committed unlawful arrest and assault and battery under state law.

Now that the incident has passed and criminal charges against Tariq have been dropped, he is anxious to ensure that the University takes responsibility for these unlawful actions and that he and other students will be free to engage in free expression on campus without fear of reprisal. Tariq therefore requests the following:

      1.An apology from the University and an admission that the University’s course of action on September 29 was wrong;

      2.A revision of University policies to ensure greater protection of free speech on campus; and

      3.Damages in the amount of $50,000 to compensate Tariq for the violation of his rights and injuries sustained during the arrest.

We are, of course, open to discussion on all of these points. Tariq would also welcome the opportunity to meet with President Merten to discuss the incident and his concerns about free speech on campus.

Tariq is hopeful that this matter will be resolved without litigation. If it is not, however, he fully intends to seek redress in court. Accordingly, I am concurrently sending notice of Tariq’s claim to the Office of the Attorney General pursuant to the Virginia Tort Claims Act, Va. Code § 8.01-195.6.

As a reminder, the Virginia Tort Claims Act allows plaintiffs to seek damages up to $100,000 or the highest value of any liability policy. Moreover, 42 U.S.C. § 1988 allows prevailing plaintiffs in civil rights cases to receive reasonable attorney’s fees.

Please contact me at your earliest convenience to discuss this matter. I can be reached at (804) 644-8022.

Sincerely,
Rebecca K. Glenberg
Legal Director

cc: Office of the Attorney General