University of Utah protests: Overnight camping has been allowed before — for ESPN’s College Gameday

Protesters rallying in support of Palestine at the University of Utah late Monday were forcibly disbanded and 19 were arrested after the university declared the rally’s encampment violated state law and university policy.

But the university has allowed and even encouraged overnight camping on campus before — including in October, when ESPN’s College Gameday visited the Salt Lake City campus for Utah football’s matchup against the Oregon Ducks.

On Oct. 22, the university’s athletics department issued a news release “calling all students” to begin lining up at Presidents Circle to camp overnight on Oct. 27, ahead of the Saturday game on Oct. 28.

The U. also reminded students in an Oct. 25 news release that they could potentially rent camping gear through Campus Recreation Services for the event, linking to the services’ camping equipment webpage that lists items including sleeping bags and one- to four-person tents.

The university limited College Gameday camping to students only, and the Oct. 22 release stated that all tents and equipment must be removed by 4:30 a.m. Saturday ahead of the entry process to the Gameday area.

At the time, university police and security personnel remained in the camping area to ensure a “safe and secure” event, checking student IDs before granting access to the encampment, according to another news release. The campus also planned for transportation impacts and adjusted road closures for the event.

“Anyone who engages in unsafe or inappropriate conduct will be removed from the premises and will be referred to the Dean of Student’s Office for potential disciplinary actions,” a release advised.

By contrast, a Monday news release from the university stated that the pro-Palestine protesters’ encampment on university property violated state law and a university free speech policy. Monday’s rally was organized by Mecha, a group largely run by and for students of color.

The university cited Utah Administrative Code, which prohibits overnight camping on university property that is “not specifically designated for such use” — unless student groups have obtained permission from the Office of the Registrar’s scheduling division.

That permission may be withheld on “any reasonable basis,” according to the code, though applicants have the ability to appeal.

A university spokesperson said Mecha did not apply for such a permit for Monday’s protest. They added that the university’s College Gameday event in October was “university-sanctioned,” and planned “several weeks in advance.”

The code does list two exceptions for overnight camping on university property: tailgating in areas designated by the university the night before a sporting event, or if students are waiting in line for tickets for an event that will take place at the university.

The university’s free speech policy also allows “structures” such as lawn signs, tables, “buildings,” billboards and other displays to be erected for community members to “express their view or opinions.” But it does place restrictions on where and how long those structures can remain on university property.

Anyone who wants to erect such a structure must get a permit from the scheduling division, the policy states, and the application must include the identity of the individuals responsible for the structure.

The permit application must also state the length of time for which the permit will be in effect, and applicants must agree to remove the structure when the permit expires, according to the policy.

The policy notes structures are only permitted if they will not create a safety hazard or impede the university’s normal functions. They must also not impede traffic or entry to campus buildings, nor inflict “unreasonable damage” on university landscaping, the policy adds.

It’s unclear what charges, if any, the 19 protesters who a university spokesperson said were arrested Monday night may face. Officers in riot gear at the rally late Monday told protesters several times that the encampment was an “unlawful assembly,” warning that protesters would face “reasonable force” and “criminal consequences” if they did not leave.

A U. spokesperson in a statement late Monday also cited a Salt Lake City ordinance that bans camping, as well as university policy.

But Andrew Wittenberg, spokesperson for Mayor Erin Mendenhall, said Tuesday that the university is not under Salt Lake City’s jurisdiction.

“Dependent upon location, like if it’s out on the street ... I think there is an element of citing city ordinance on camping,” Wittenberg added. The encampment disbanded Monday evening was set up outside the university’s administration building.

In a statement, Wittenberg said Mendenhall “supports the First Amendment rights of individuals and groups to peacefully protest.”

“She also acknowledges the authority granted to University of Utah public safety officials by the state government to determine how best to enforce laws, rules, and ordinances on its campus to ensure such demonstrations are done safely and do not infringe upon the rights of others,” the statement continued.

Students planned to protest in support of Palestine again Tuesday at 6 p.m. In a statement, University of Utah President Taylor Randall said Tuesday afternoon that the school will continue to “enforce the rule of law.”

“At the University of Utah, you have an absolute right to express your opinion,” Randall said in the statement. “You do not have the right to violate law or university policy. It is unlawful to set up structures or camp overnight on university property.”