All criminal trespass charges from April 29 pro-Palestinian protest at UT will be dismissed, county attorney says

Travis County Attorney Delia Garza: "We have determined that we cannot meet our legal burden of proof beyond reasonable doubt, and they will be dismissed."

Austin — All criminal trespassing charges against individuals arrested during the April 29 pro-Palestinian protest at the University of Texas will be dismissed, Travis County Attorney Delia Garza announced Wednesday.

"After reviewing the evidence and the law and considering many factors, including concerns about violations of constitutional rights to free speech, we have determined that we cannot meet our legal burden to prove these 79 criminal trespass cases beyond a reasonable doubt, and they will be dismissed," - Delia Garza, Travis County Attorney.

Garza said her office spent 90 hours reviewing evidence, including body camera footage and offense reports, before reaching this decision. The dismissal only applies to criminal trespassing charges; two additional charges for obstructing a highway and interfering with public duty are still pending, along with separate charges against an armed protester and a professor.

This decision comes after criticism of the police response and the University's handling of the protest, with UT President Jay Hartzell and Texas Gov. Greg Abbott calling for a robust police presence. Garza criticized their response, saying it prioritized "extreme government overreach over actual public safety," and emphasized the importance of protecting freedom of speech, especially when it involves speaking out against government actions.

While UT maintains that it supports free speech, it has expressed disappointment in the County Attorney's decision, stating that "actions that violate laws and institutional rules should be met with consequences." However, protesters describe the arrests as "traumatizing," and some are considering civil litigation due to concerns over their First Amendment rights being violated.

Background:

• Nearly two months ago, 79 individuals, including 34 students, were arrested for participating in a surprise pro-Palestinian encampment protest on the UT campus, demanding the institution divest from weapons manufacturers contributing to Israel's actions in Gaza.
• This was the second pro-Palestinian protest at UT that resulted in mass arrests.
• UT System Chairman Kevin Eltife and Gov. Abbott have defended the police response and stated that divestment will not happen.
• Nationwide, over 3,100 pro-Palestinian protesters have been arrested or detained on college campuses since April 18, with many trespassing charges being dismissed, including recently at Columbia University.