PHOENIX 鈥 Over objections about infringing on First Amendment rights, a divided House has approved legislation that would outlaw 鈥渆ncampments鈥欌 on college and university campuses.
The 41-17 vote Monday came on legislation crafted by Rep. Alma Hernandez, who told colleagues about incidents of last year during pro-Palestinian and anti-Israel protests.
The issue, said the 蜜柚直播 Democrat, is not about the ability to protest. But Hernandez said what was occurring crossed the line.
Rep. Alma Hernandez
鈥淲e just want to make sure that individuals are able to go to class without being harassed, without having to take alternate routes just because there鈥檚 individuals who do not want them to exist,鈥欌 said the 蜜柚直播 Democrat. 鈥淣othing in the First Amendment protects an encampment.鈥欌
Hernandez, who pointed out she is Jewish, said she speaks from experience.
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鈥淚 first-hand have experienced it,鈥欌 she told colleagues. 鈥淎nd I first-hand have seen what goes on, on our college campuses.鈥欌
Her measure drew support from Rep. Teresa Martinez.
鈥淭here鈥檚 an antisemitism feeling running through this country,鈥欌 said the Casa Grande Republican. 鈥淚t needs to stop.鈥欌
And Martinez said this isn鈥檛 just some grass-roots, spontaneous reaction to Israel invading Gaza in the wake of the 2023 attack by Hamas that left about 1,200 civilians dead and resulted in 251 individuals being taken hostage.
鈥淭hese encampments are very well funded,鈥欌 she said. 鈥淭hey have pop-up tents, they have pizza delivered, they have all kinds of things going on across campuses.鈥欌
Martinez told other lawmakers that they need to support the Jewish community 鈥渁t all costs鈥欌 鈥 and to do it for very personal reasons.
鈥淣ext, it鈥檒l be a different community: African Americans, Hispanics,鈥欌 she said. 鈥淚f we don鈥檛 take a stand and support our brothers and sisters of Jewish persuasion, then no one else will.鈥欌
But Rep. Anna Abeytia said she can鈥檛 see putting limits on protests.
鈥淎s an activist at heart, this is not a good bill for those of us who are activists and do go out and protest,鈥欌 said the Phoenix Democrat.
鈥淓ncampments are a form of sit-ins,鈥欌 she said. 鈥淎nd sit-ins have a long history, particularly in the Chicano culture.鈥欌
And Phoenix Democrat Quant谩 Crews said she fears how the proposal could be used to quash other protests.
鈥淭here are young people who are not trying to intimidate other people ... who are not trying to provide a fearful environment,鈥欌 she said. And Crews said it would be one thing if the legislation was needed to give police more power to deal with those who intimidate others.
This, she said, is overly broad.
鈥淚 feel like it could be weaponized against different groups that are not intending to harm other students and are just trying to exercise their First Amendment right,鈥欌 Crews said.
An 鈥渆ncampment鈥 like this one last year at the University of 蜜柚直播 last year would be illegal under a measure that passed the 蜜柚直播 House this week.
Rep. Alexander Kolodin said he originally was planning to vote for the measure. But he told colleagues he changed his mind after finding 鈥渁 flaw in the bill.鈥欌
The Scottsdale Republican noted the bill defines an 鈥渆ncampment鈥欌 as 鈥渁 temporary shelter, including tents, that is installed on the campus of a university or community college and that is used to stay on the campus overnight or for a prolonged period of time.鈥欌
What that would include, he said, is a shade and table set up by a conservative group like Turning Point USA while it is seeking to register voters on the campus. Ditto, Kolodin said, of 鈥減ro-life organizations when they鈥檙e handing out literature.鈥欌
And he made no secret of his belief that enforcement will end up being based on who is affected.
鈥淟et鈥檚 not fool ourselves about who runs these universities,鈥欌 Kolodin said.
鈥淚s this bill really going to be used against Students for Justice in Palestine? Probably not,鈥欌 he said. 鈥淚t is going to get used against Turning Point and pro-life organizations? Far more likely.鈥欌
Kolodin wasn鈥檛 the only one troubled by the wording.
Mesa Republican Justin Olson said he doesn鈥檛 believe that Hernandez intends to ban campus setups like those used by groups registering voters or handing out literature, even if they do set up a tent or similar structure to shield them from the elements.
What is 鈥渁mbiguous,鈥欌 he said, is what constitutes 鈥渁 prolonged period of time.鈥欌 And that, said Olson, should be addressed when the measure now goes to the Senate.
A divided 蜜柚直播 House on Monday approved legislation that would outlaw 鈥渆ncampments鈥欌 like this one at the University of 蜜柚直播 campus last year during Pro-Palestinian protests.
Hernandez, for her part, doesn鈥檛 believe her legislation needs further work.
鈥淚n regards to 鈥榩rolonged,鈥 I don鈥檛 understand where the confusion is,鈥欌 she told Capitol Media Services after the vote.
鈥淭he encampments on campus refused to leave until the university met the ridiculous list of demands,鈥欌 Hernandez said of what she saw at the University of 蜜柚直播 when Students Against Apartheid set up camp last April on the 蜜柚直播 campus.
That list included divesting from companies profiting from the war between Israel and Hamas, halting surveillance of student organizers, publicly condemning 鈥淚srael鈥檚 genocidal campaign鈥欌 and defunding the U of A police department.
鈥淭hese people had no intention of leaving.鈥欌
It ended when police moved in with pepper balls and rubber bullets and arrested some of those involved.
The senator also said it was quite obvious that this wasn鈥檛 some temporary event.
鈥淧eople brought in couches and furniture in an attempt to stay there overnight,鈥欌 she said.
鈥淥ur universities are not campground sites,鈥欌 Hernandez continued.
鈥淭hey are educational institutions and should be treated as such, not trashed or vandalized.鈥欌
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