From: George Zimmermann [mailto:George.Zimmermann@ag.ny.gov]
Sent: Thursday, April 10, 2014 2:00 PM
To: ‘Robert Muise AFLC’
Cc: firstname.lastname@example.org; email@example.com
Subject: Center For Bio-Ethical Reform, Inc., et. al. vs. Black, et. al. Docket No. 13-cv-00581-RJA
I write in response to your inquiry as to the enforcement of the UB Student Code of Conduct, Art. 4-B University Standards § (B)(4)(d) at the upcoming display by your clients of the Genocide Awareness Project. Initially, however, I would like to point out that the University has gone to great lengths over the last few months to assure you and your clients as to the reasonableness of its actions and its desire to encourage all students, including you clients, to engage in civil and meaningful debate on the pressing issues of our day. I believe the University has gone above and beyond what could be expected on such a matter. I also wish to point out that your question could be implied as requesting that the University commit to a particular course of action on the part of its Police Officers, when such actions must be based on the facts on the ground and the discretion of the individual officers and their superiors as to the best way to hand any particular situation, within the appropriate legal frame work.
With those points in mind, I have been authorized to inform you that the University Police will physically restrain protestors only when their actions are deemed by University Police to be in violation of the law. University Police may, in their discretion, advise protestors that their actions may be in violation of the SUNY Rules for the Maintenance of Public Order or the University at Buffalo Student Code of Conduct, and may cite for violations of those policies as they deem appropriate. The University is also contemplating distributing information cards to protestors notifying them that actions that are deliberately disruptive of another person’s expression of views may subject the protestors to disciplinary sanctions.
I trust this puts your mind at rest as to the appropriateness of the University’s intentions on this matter. Thank you for your kind attention in this matter.
George Michael Zimmermann
Assistant Attorney General
Office of the Attorney General
Buffalo Regional Office
Main Place Tower, Suite 300A
350 Main Street
Buffalo, New York 14202
fax: (716) 853-8571