NYCLU Sues CUNY For Withholding Investment Records From Pro-Palestine Student Organizers

NEW YORK – Today, the New York Civil Liberties Union (NYCLU) filed an Article 78 lawsuit against the City University of New York (CUNY) over the school’s refusal to release records regarding its investment funds, bonds, and private equity holdings, as well as any contracts it may have with certain companies such as Dell, Lockheed Martin, Raytheon, and Northrup Grumman. 

This action comes in response to CUNY rejecting a Freedom of Information Law request made seven months ago by a CUNY Law student on behalf of CUNY Law Students for Justice in Palestine and CUNY for Palestine. CUNY released earlier versions of these same investment records to a prison divestment group in 2015. 

“CUNY students, faculty, and the entire campus community are entitled to transparency and equal treatment from their administration, no matter their viewpoint,” said Lupe Aguirre, Senior Staff Attorney at the NYCLU. “Investment records disclosure is a basic responsibility and function of a public institution. These documents are regularly released by state government agencies and public universities across the nation. CUNY’s refusal to disclose these records is a targeted denial.”

“CUNY’s denial of our FOIL is the latest example of CUNY’s targeted repression of Palestinian solidarity organizing on campus, including the brutal crackdown on the CUNY Gaza solidarity encampment last April,” said Sarah Southey, plaintiff. “As one of the largest urban public university systems in the United States, this sets an alarming precedent for restricting public access to information about the university’s investments. CUNY is resorting to illegal tactics to evade the urgent demand— which students and workers have been making for over ten years — to divest from Israeli occupation of Palestine.”

New York’s Freedom of Information Law is intended to grant the public access to government records in order to hold government accountable, allow voters to make informed decisions on government activity, and shine light on potential waste, negligence, or abuse. While there are narrow exemptions under FOIL for certain sensitive records, none of these exemptions apply to these investment reports, which provide the public with critical information about how taxpayer money is being spent.

While the NYCLU focuses on civil rights and liberties in New York and does not take positions on foreign affairs, including actions by the state of Israel, the organization is committed to ensuring access to public information and government transparency in New York. Other public university systems — like the University of California and University of Texas — have published information on their investments as recently as last year.

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