Federal Judge Tosses DAAP Lawsuit Against ASUC

A federal judge dropped a Defend Affirmative Action Party lawsuit against the ASUC yesterday, saying the conflict has already been resolved.

U.S. District Judge Maxine Chesney wrote that the complaint filed by DAAP Senator Yvette Felarca seeking that her ASUC Senate seat be restored is "moot," since Felarca was already granted her seat in actions taken by the ASUC over the summer.

"There were enough arguments in briefs and pretrial procedures for the judge to determine that the ASUC had done nothing wrong, and that the conflict had been resolved," said ASUC Judicial Councilmember Robert Gregg.

Felarca levied the suit against the ASUC after the Judicial Council-which hears cases regarding violations of ASUC rules and constitution-disqualified all DAAP senate candidates from ASUC elections last spring for badgering council members during one of their hearings.

Felarca filed the suit, which would have been heard Friday, asking the federal court to allow DAAP candidates who won seats to take office, alleging that her First and Fourteenth Amendment rights were violated when she was disqualified.

"The Judicial Council should not have that power to pick and choose who gets elected to the ASUC; the students should," Felarca said.

After ASUC President Misha Leybovich issued an executive order over the summer allowing the council to temporarily suspend the rules, the council reversed the disqualification and granted Felarca her seat.

Previously, the council issued penalties mandated by ASUC rules.

The council also slapped Felarca with two censures-one for badgering and one for the "particularly petulant nature of her tantrum."

Five censures would have resulted in disqualification from the elections.

The judge's ruling deems the executive order and the censures against Felarca as adequate consequences for her actions, said ASUC lawyer Mark Himmelstein.

"(The ASUC) made the punishment fit the crime," Himmelstein said. "The initial decision was too harsh. What they did didn't merit disqualification, but it did merit censure."

However, Felarca said she plans to amend and refile the complaint because she said the decision did not adequately remedy her concerns.

"There's still fundamental problems in the bylaws that deny students basic democratic rights that have to be changed permanently," Felarca said.

Felarca must file an amended complaint by Dec. 17 for her case to be reconsidered.

"As far as the ASUC is concerned, the matter has been resolved until they file a new complaint," Himmelstein said.

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