City of Eugene v. Gannon

While a university campus may be open to the public, “it does not follow that the University must allow all members of the public on its premises regardless of their conduct.” Souders v. Lucero, 196 F.3d 1040, 1044( 9th Cir 1999)

Defendant appealed four counts of criminal trespass in the second degree in violation of Eugene City Code 4.807. Defendant assigned 3 assignments of error, in which the court writes only to address his first and third assignments. Defendant asserts that the trial court erred in denying his motion for judgment of acquittal. On appeal, Defendant argued that the underlying notice he was given violated his due process rights. Defendant contended that the University of Oregon (UO) is a public forum, and therefore he had the right to be on the campus. While a university campus may be open to the public, “it does not follow that the University must allow all members of the public on its premises regardless of their conduct.” Souders v. Lucero, 196 F.3d 1040, 1044( 9th Cir 1999). The Appellate Court held that the Defendant was not a UO student, and did not identify any constitutionally protected reason to be on UO property without prior permission, and therefore there is no grounds for a violation of due process. Affirmed.