Arizona Senate Considers Bill Seeking To Ban Encampments On College Campuses

Arizona Senate Considers Bill Seeking To Ban Encampments On College Campuses

by | Mar 30, 2025 | Education, News

By Jonathan Eberle |

The Arizona State Senate is considering HB 2880, a bill that would prohibit individuals from establishing or occupying encampments on university and community college campuses. The bill, sponsored by State Representative Alma Hernandez (D-LD20), passed the Arizona House of Representatives with a 41-17-2 vote and outlines enforcement procedures and penalties for violators.

The legislation defines an encampment as a temporary shelter, including tents, set up on campus for overnight or prolonged stays. If an individual or group is found in violation, university or college administrators would be required to order the encampment dismantled and direct the individuals to vacate. Failure to comply would result in charges of criminal trespass and possible legal action, including removal by law enforcement.

Additionally, students who refuse to leave could face disciplinary action under their institution’s student code of conduct. Violators would also be held liable for any damages resulting from the encampment, including costs related to removal, campus restoration, and property repair.

The bill aligns with Arizona laws protecting free speech on college campuses, allowing restrictions only when expression violates laws, disrupts university operations, or falls outside First Amendment protections. While supporters argue that the bill upholds campus safety and prevents disruptions, critics contend it could limit protest activities and infringe on student rights.

The issue of campus encampments recently came to the forefront in Arizona following the arrests of protesters at Arizona State University (ASU). According to reports, multiple demonstrators were detained during an anti-Israel protest on campus, where students and activists had set up an encampment in defiance of university regulations. Law enforcement intervened after the protest was deemed disruptive to campus operations.

The incident at ASU has intensified discussions surrounding HB 2880, with supporters arguing that the bill is necessary to prevent similar disruptions, while critics claim it could be used to suppress student activism. The event highlights the broader national debate over the limits of protest on college campuses and the role of law enforcement in maintaining order. Several states have introduced similar legislation in response to high-profile protests that have disrupted campus operations.

If enacted, the bill would require enforcement by campus security and local law enforcement agencies. The Arizona Board of Regents (ABOR) and community college governing boards would ensure compliance with student conduct policies.

The bill now awaits further deliberation in the Senate. As the debate continues, lawmakers, university administrators, and students will likely weigh the balance between maintaining order on campuses and protecting the right to protest.

Jonathan Eberle is a reporter for AZ Free News. You can send him news tips using this link.

Bill Protecting First Amendment Rights On Arizona College Campuses Wins Bipartisan Support

Bill Protecting First Amendment Rights On Arizona College Campuses Wins Bipartisan Support

by | May 17, 2023 | Education, News

By Daniel Stefanski |

Legislation to increase Americans’ First Amendment rights at Arizona colleges and universities appears to be obtaining more bipartisan appeal as it moves towards the Governor’s Office.

On Monday, the Arizona House of Representatives passed SB 1013, which deals with free speech zones on state universities and colleges. The proposal, sponsored by Senator John Kavanaugh, “allows a person to engage in expressive activity in any area on a public university or community college campus where they are lawfully present, and modifies the state aid amounts from a community college district that exceeds its expenditure limitation in FY’s 2024 and 2025.” SB 1013 passed 57-1 (with one Democrat not voting and one seat vacant).

Kavanaugh’s bill first passed the Arizona Senate on February 28 with a 16-14 vote along party lines – after clearing the Education Committee with a 5-2 tally. When the legislation was transmitted to the House, it was assigned to the Education Committee as well, where it received a unanimous 8-0 approval (with two Democrats voting ‘present’).

The bill was amended twice – once in the Senate and another time in the House. The first amendment came from Senator Kavanaugh, specifying “that the authorization for a person to engage in expressive activity on a public university or community college campus in any area where the person is lawfully present does not prohibit a university or community college from regulating economic activity on the campus.” The House amendment, sponsored by Representative David Livingston, set “penalties for a community college district that exceeds its expenditure limitation;” and also limited “the maximum penalty that can be withheld from a provisional community college district established before December 31, 2015, located in a county with a population less than 300,000, which exceeds its expenditure limitation.”

Days after his bill passed the Arizona Senate, Kavanaugh recorded a video to explain his reasoning for introducing the legislation, saying, “If you’re on a college campus, and you have a legal right to be where you’re at – and you’re not blocking people and you’re not disrupting anything, then you can do and say whatever you want that’s legal. We’re going to restore the First Amendment to our universities. It’s long overdue.”

Since the House amended the Senate’s version of SB 1013, the Senate will have to concur with the changes in the coming weeks. On Tuesday, the bill was sent back to the Senate to await further action.

Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.