Libertarian Party settles lawsuit with ODU over distribution rules

Pilot Online ^ | November 1, 2003 | TIM MCGLONE

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NORFOLK — The Tidewater Libertarian Party reached an agreement with Old Dominion University over the distribution of political fliers, ending a lawsuit that sprung from the party’s anti-referendum campaign last fall.

A federal judge had dismissed the lawsuit on a technicality, but under threat of appeal, the university agreed to change its policy, officials said.

Even now, Libertarian Party member Brian Babb, who brought the suit, said he remains displeased with the school’s policy.

While the school removed a restriction on the “distribution of printed materials,” Babb said he read the new policy as requiring permission before attempting to hand out fliers or other items.

“Why someone would need permission on a public university boggles my mind,” said Babb, who sued after he was thrown off campus for distributing fliers opposing last fall’s transportation and education referendums.

A school official said it’s not permission but scheduling that is required.

“They would need to schedule space. That would be true of any organization,” said Dana Burnett, dean of students. “That’s so we don’t end up with two groups in the same space. .... We want to make sure they won’t be trampled.”

Babb and Ronald DiRocco, a member of the Ax The Tax Coalition, were distributing fliers outside the Ted Constant Convocation Center on Oct. 26, 2002, during the inaugural weekend of the arena. Arena employees asked them to leave, but they returned later and were then told to leave by university police. Babb and DiRocco sued in May, citing free-speech rights.

In a settlement signed Tuesday, the university agreed to pay the Tidewater Libertarian Party $228 and change its solicitation policy.

The party had sued the university’s president, Roseann Runte, arguing that she is the official responsible for enforcing the school’s policies.

A federal judge, however, said Runte had qualified immunity from such suits and dismissed the case in September. The Libertarians vowed to appeal.

Burnett said no one would be denied the opportunity to express views in a public area on campus. “We like differences of opinions,” he said.

“We like all opinions to be aired.”