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Friday, Nov. 22, 2024
The Emory Wheel

DeKalb County Magistrate Court rules no restrictions for Emory community members arrested in protest

In a court hearing on April 26, DeKalb County Magistrate Court heard cases from protestors who were arrested during a pro-Palestine encampment on the Emory University Quadrangle on April 25. The court charged the protestors with disorderly conduct, criminal trespass or both.

Some of the protestors, including Emory community members, spent over 24 hours in custody, according to Attorney Suri Chadha Jimenez (03Ox), who is representing three arrested demonstrators.

Associate Magistrate Court Judge Ann Guerrant (96C) initially ruled that students graduating in May who were charged with criminal trespass would be permitted to attend their graduation ceremony on Emory’s campus. Guerrant said that they must arrive no earlier than 30 minutes before the start of the ceremony and leave within 30 minutes of its conclusion. Additionally, the initial ruling stated that students were only permitted to be on campus within 30 minutes of class beginning and ending. 

“Stay off all Emory University property,” Guerrant said, reading the bond’s original conditions. “If currently enrolled as a student at Emory University, the defendant shall be on Emory property for the limited purpose of attending classes in which they are enrolled.”

Guerrant later changed the bond’s wording to state “Stay off all Emory University property except for official business.”

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A police officer arrests a protestor during the April 25 “Gaza solidarity encampment." (Jack Rutherford/News Editor)

In an April 26 email to Jimenez and other attorneys, Provost and Executive Vice President for Academic Affairs Ravi Bellamkonda requested to have no restrictions for members of the Emory community out on bond.

Jimenez read Bellamkonda’s statement in front of the judge.

“I am writing to let you know unequivocally that we are not supportive of on-campus restrictions for any of our students and faculty as a consequence of yesterday’s event, April 25,” Bellamkonda wrote. “We believe we can work with all of them to ensure a safe campus for all of our community. I appreciate your consideration of this important and urgent request.”

Emory Interim Senior Vice President and General Counsel Amy Adelman reiterated on behalf of the University that they hope to have Emory faculty, staff and students released without restrictions.

Upon deliberation, Guerrant retracted all special bond conditions and ruled that there would be no restrictions on members of the Emory community. Students will be permitted to attend classes and graduation without limitation.

“[I am] definitely very appreciative of leadership stepping up and letting the court know that these people are not dangerous criminals that need to have restrictions imposed by the government,” Jimenez said.

All protesters detained were released on April 26, according to Jimenez.

Philosophy Department Chair Noëlle McAfee was among the released protestors. McAfee, who was released early on the night of April 25, said she has been very concerned over Emory’s “clamp down on free expression” since last year’s “Stop Cop City” protest.

McAfee, who is also University Senate president-elect, said she first went to the Quad to see if there were police officers from outside departments, which she believes would be “really concerning.”

After police officers began to detain protestors, McAfee said she stood in front of a student who was on the ground in the fetal position being “pummeled.”

“When I was in my 20s, I did my protesting,” McAfee said. “My better role now is to be an advocate for students’ free expression.”

McAfee did not move when a cop asked her to, at which point she was arrested.

“I made a point to not be aggressive, to stand very calmly,” McAfee said.

When in the police van, McAfee said that police officers divided people into groups based on whether or not they were affiliated with Emory. She added that all of the detained individuals were in pain from being put in plastic handcuffs. 

“There was one … young person who started hyperventilating,” McAfee said. “It was awful.”

If protests persist, McAfee said that she will continue “to stand up for students’ free expression.”

“Students are the voice of the conscience of the country,” McAfee said. “I know the students all over are expressing … how disturbed they are by actions that are going on.”