November 19, 2023

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www.alligator.org

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MONDAY, NOVEMBER 20, 2023

VOLUME 118 - ISSUE 14 Not officially associated with the University of Florida

Published by Campus Communications, Inc. of Gainesville, Florida

UF pro-Palestinian organization likely to win lawsuit against shutdown order, legal experts say

The group filed a lawsuit against UF, Gov. Ron DeSantis Nov. 16 By Garrett Shanley Alligator Staff Writer

A UF pro-Palestinian student group could see a future victory in a courtroom against top Florida education officials after it cited First Amendment rights against a statewide order calling for the deactivation of its group. The UF Students for Justice in Palestine filed a lawsuit Nov. 16 against Gov. Ron DeSantis, UF President Ben Sasse, the Florida Board of Governors and the UF Board of Trustees for their efforts to ban the group from campus — and some legal experts believe the lawsuit could result in a win for the student group. Gary Edinger, a Gainesville lawyer who threatened to sue UF in 2017 if it barred farright white nationalist Richard Spencer from speaking on campus, said plaintiffs have a “brilliant lawsuit.” Immediate government action against public speech is “super rare,” he said. “And the reason it’s super rare is because it's super unconstitutional.” UF SJP filed the lawsuit with support from the American Civil Liberties Union (ACLU) and another civil rights group Palestine Legal. The lawsuit seeks to block the order and declare it as unconstitutional under the First Amendment. The lawsuit targets State University System Chancellor Ray Rodrigues’ Oct. 24 memo ordering universities to disband

SPORTS/SPECIAL/CUTOUT

Football Story description finish with comma,

Gators fall to Mizzou in late-game pg# heartbreaker. Read more on pg. 11.

chapters of National Students for Justice in Palestine, claiming the organization supported “Hamas terrorism.” Rodrigues walked back the order at the Board of Governors meeting Nov. 9, citing legal concerns that university actors could be held personally liable for shutting down the groups. He added the administration is now working with universities to obtain “an express affirmation from their campus chapters affirming a rejection of violence, renunciation of Hamas, and commitment to upholding the law.” Hina Shamsi, director of ACLU’s National Security Project, wrote in an email Nov. 18 that Rodrigues’ new order still violates the First Amendment. “The ultimatum would in addition force the student group to proclaim its innocence of things it has not done or said, which is compelled speech in violation of the First Amendment,” Shamsi wrote. “And one of the lessons of the McCarthy era is that government leaders go down a dangerous and divisive path when they make demands like this.” UF law professor Jane Bambauer said “the state is overreacting” by issuing a deactivation order. “They are trying to penalize this student organization for making a political message that is disfavored by the state, and that is not allowed under free

SEE ACLU, PAGE 4

Evelyn Miguel // Alligator Staff

Around 60 protestors gather on the corner of University Avenue and 13th Street in support of Palestine on Thursday, Nov. 16, 2023.

UF graduate student locked in legal battle over Spruce Creek

A controversial highway interchange is approved to be built over key wetlands, petitioners say By Kylie Williams Alligator Staff Writer

Derek LaMontagne spent his midterm season in a courtroom. The 38-year-old UF graduate chemistry student, along with other petitioners, brought a case against the construction of the Pioneer Trail Highway Interchange off I-95 in Volusia County. LaMontagne filed the case with Bryon White, Bear Warriors United and The Sweetwater Coalition of Volusia County April 18. The case was filed against the Florida De-

partment of Transportation and the St. Johns River Water Management District, with the primary concern the interchange will cause excess environmental harm. “The ecosystem is at a point of failure,” LaMontagne said. “It will basically be a catastrophe for all of the Spruce Creek watershed.” LaMontagne is a member of Save Don’t Pave Spruce Creek, an organization with the goal of protecting the Spruce Creek watershed. The Pioneer Trail Interchange will demolish over 60 acres of wetlands within the Spruce Creek area,

Restaurant lawsuit

High Springs restaurant owner faces another lawsuit, pg. 3

which LaMontagne said would be disastrous for the watershed. Vital habitat for species like black bears, manatees and gopher tortoises would be destroyed. Spruce Creek would no longer serve as a wildlife corridor, further separating habitats in Volusia County. Spruce Creek is designated as an outstanding Florida waterbody, making it vital to Florida’s environment. Outstanding Florida water bodies are protected under state law, LaMontagne said, making the ap-

SEE SPRUCE CREEK, PAGE 4

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El Caimán: Friendship Families

Program connects international students with local families, pg. 6

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