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Federal Judge Orders UCLA to Ensure Equal Access for Jewish Students

by Lawrence J. Tjan | Aug 16, 2024
UCLA campus featuring a prominent building and a fountain.
Photo Source: Adobe Stock Images by wolterke

On Tuesday, U.S. District Judge Mark Scarsi issued a preliminary injunctionA preliminary injunction is a temporary court order issued before a case is finally decided that requires a party to take or stop an action while the litigation continues. Federal courts generally consider the likelihood of success, irreparable harm, the balance of equities, and the public interest before granting one.Read more → requiring the University of California, Los Angeles (UCLA) to ensure that if any Jewish students are barred from campus programs, activities, or areas, access to all students must also be restricted. This ruling, which takes effect on Thursday, comes in response to a lawsuit filed by three Jewish students who claimed they were physically blocked from certain parts of campus during the protests.

The controversy stems from protests over the Israel-Hamas war that took place on UCLA’s campus last spring. The protests escalated into violent clashes between pro-Palestinian and pro-Israel demonstrators, with reports of fireworks and barricades being thrown. Pro-Palestinian activists established an encampment on campus, erecting metal barriers and reportedly requiring anyone who wanted to cross into the area to pledge allegiance to their views.

According to the lawsuit, this encampment, which was in place for about a week, created what the plaintiffs described as a "Jew Exclusion Zone." The students alleged that UCLA security officers enforced these exclusionary practices instead of assisting Jewish students in accessing their classrooms and other campus facilities.

In his ruling, Judge Scarsi emphasized the gravity of the situation, stating that the exclusion of Jewish students from parts of the campus because they refused to denounce their faith was “unimaginable and abhorrent” to the principles of religious freedom guaranteed by the Constitution. He noted that such actions directly violated the students' civil rights and free speech.

In response to the lawsuit and the protests, UCLA stated that it had created a new campus safety office. However, the university argued against judicial intervention in managing its response to protests, asserting that the court’s ruling could restrict its ability to effectively address such events on the ground. Despite this concern, the injunction does not require UCLA to implement any specific policies.

UCLA spokeswoman Mary Osako reiterated the university’s commitment to maintaining a campus environment where all individuals feel welcome and free from discrimination, stating, “The district court’s ruling would improperly hamstring our ability to respond to events on the ground and to meet the needs of the Bruin community.”

The ruling comes amid heightened tensions on college campuses across the country, where protests related to the Israel-Hamas conflict have been frequent and, at times, violent. At UCLA alone, hundreds of protesters were arrested during the spring semester, and the situation has drawn the attention of a Republican-led House committee investigating how universities have managed these demonstrations.

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Lawrence J. Tjan
Lawrence is an attorney and CEO of Law Commentary. His legal background includes corporate and general business law, litigation, transactional matters, and law practice management. His litigation experience has included complex matters involving antitrust, insurance bad faith, and medical malpractice. On the transactional side, Lawrence has worked with buy-sell agreements, Regulation D disclosures, stock option plans, and business matters. Lawrence draws on his legal and business experience to help make court decisions, litigation, legislation, public policy, and other legal developments more accessible to the general public and to give readers clear context for understanding the law and how it affects businesses, consumers, and communities.

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