ASUA fees for certain groups unconstitutional, senator says

The complaint, filed by ASUA Sen. Ty Trujillo and former ASUA president T.J. Trujillo, alleges the use of student fees to support political, religious, or ideological groups is unconstitutional because all students do not support the group's agendas.

"The last thing I want to do is take money away from these organizations," Ty Trujillo said. "But when it comes from mandatory student fees, then it's an issue."

The 20-page brief is based on a Seventh District Appeals Court ruling last August that declared University of Wisconsin-Madison's use of student activity fees for political, ideological or religious groups through activity fees unconstitutional.

The Trujillo complaint asks the ASUA Supreme Court to declare the student government's funding structure unconstitutional, and does not offer any specific solutions to the funding question.

The complaint objects to ASUA programs and services, which use funding in order to "promote ideological beliefs regarding sex, health, and diversity," and club funding, which supports organizations such as Students Against Sweatshops and Campus Crusade for Christ.

The Trujillos also claim that funds for the ASUA president and senate are unconstitutional because they have been used for ideological purposes, such as condemning a cartoon in the Arizona Daily Wildcat and lobbying Tucson city officials regarding parking policy.

"It (the complaint) places the burden back on ASUA to develop a funding structure that is constitutional," T.J. Trujillo said.

By applying student funds to these activities, the UA is potentially asking students to violate their personal beliefs, T.J. Trujillo said.

"Funding is a form of speech," he said.

But, ASUA president Tara Taylor said she's not sure the argument will hold up.

ASUA money garnered from tuition goes only to staff salaries and not to student funds and organizations, which are supported by bookstore revenues, Taylor said.

"If there's validity to it (the complaint), that's great," Taylor said.

ASUA advisor Jim Drnek was not available for comment, but said in August that a lawsuit similar to the University of Wisconsin-Madison's would likely not apply at UA.

"As I see it, our funds come from the bookstore," Drnek said.

He added that the Wisconsin ruling could apply to the UA if students challenge the portion of ASUA's budget that comes out of student tuition.

Ty Trujillo said budget technicalities should be irrelevant in this case, because student money is ultimately funding ASUA.

About 27 percent of the $890,700 spent on programs, clubs and other operations comes from student fees, according to the brief.

The controversy may boil down to whether the Trujillos are able to argue against specific allocations or take on the ASUA funding structure as a whole.

UA Dean of Students Melissa Vito said the UA has been dealing with the issue for years, and has been careful with it's funding.

"It's an issue we've explored and dealt with over time," Vito said. "We do want to make sure we're complying with state and federal laws."

Both Trujillos said they are approaching the issue as students rather than ASUA affiliates, but that their involvement in ASUA has provided the opportunity to learn about the issue.

"In order to get things done, you have to light a fire," Ty Trujillo said. "I'm not attacking anyone in ASUA."