University of Alabama professors and students spent time in court this week, asking a judge to file a preliminary injunction to block SB 129, the 2024 state law that prohibits diversity, equity and inclusion programs and teaching “divisive concepts” in the classroom, which they say limits free speech and academic freedom.

The professors and students involved have sued the University of Alabama and its board of trustees over their enforcement of SB 129, which they claim violates the First and Fourteenth Amendments. Their case is being backed by the NAACP Legal Defense Fund and the American Civil Liberties Union of Alabama. 

SB 129, which took effect in October, bars public universities, K-12 schools and state agencies from operating DEI-related programs — which is defined as any activity where attendance is based on identity categories — as well as the teaching of “divisive concepts.” 

Professors from the school testified during two days of evidentiary hearings last week that the law has caused them to avoid discussing certain topics and modify coursework to avoid infringing on the law, leading to confusion as to what can and cannot be discussed in the classroom. 

“I still don’t understand what (SB 129) is. I am not a non-intelligent person. I have talked to many people who don’t understand what it is, all who are very intelligent and informed, and view themselves as the experts in their fields and as educators,” said UA social work professor Cassandra Simon.

In testimony on Wednesday, Dana Patton, a UA political science professor and administrator of the university’s Witt Fellows Program — an interdisciplinary fellowship program focused on community service — alleged that a member of the Alabama House of Representatives threatened the program’s funding if its curriculum was not modified to adhere to the law.

Patton said UA officials told her a “powerful person in Montgomery” was behind anonymous complaints about the program, saying that “divisive concepts (were) embedded in UA Dr. Robert Witt Fellows program” and “the viewpoints in the required reading books are presented as the correct perspective, and other opinions are shut down.” 

“Clearly, a very powerful person was behind this complaint for me to be asked to provide such extensive detail about my course,” Patton said in testimony.

Students who testified also said that SB 129 has negatively impacted funding for school organizations that may prompt “divisive concepts.”  

One student who testified was Ja’coby Bibbs, a UA student and president of the UA chapter of the NAACP student chapter, who spoke on the benefits offered by the university’s Black Student Union office and LGBTQ+ center which were closed last August. Bibbs said that the absence of these spaces no longer allows students to “cultivate and really digest what was happening.”

U.S. District Judge R. David Proctor, who is hearing the case, has indicated that he would like to decide whether to issue an injunction before class starts in August. Oral arguments continue on Wednesday.

Alabama top stories in brief 

Execution date set for David Lee Roberts

• David Lee Roberts will face execution by nitrogen gas on Aug. 21. 

• Roberts was found guilty for two counts of capital murder. According to the investigation, he entered the residence of Wendell Satterfield, where he was staying temporarily, shot and killed Satterfield’s girlfriend, Annetra Jones, and then set the residence on fire.

• His execution date was set by Gov. Kay Ivey, a power given to the governor in a 2023 AL Supreme Court ruling. 

• Roberts will be the fourth execution in Alabama this year, and the third by nitrogen gas.

Alabama law firm claims use of AI in legal brief was an “isolated event”

• Butler Snow LLP, an Alabama law firm that used AI to cite “legal authorities that do not exist,” says that an internal investigation was conducted and found no other evidence of AI “hallucinations” within any other recently filed dockets.

• Matthew Reeves, the attorney who used artificial intelligence when representing the Alabama State Department of Corrections, says that he has “limited use” with AI  and was unaware it would pull from nonexistent sources.

• Reeves was representing the defense in a civil lawsuit filed by Frankie Johnson against ADOC, who was stabbed at least 10 times during two separate assaults while at William E. Donaldson Correctional Facility in Bessemer.

Increased alligator sightings in Huntsville

• Huntsville residents have experienced a recent raise in alligator sightings, according to the city of Huntsville’s blog.

• Alligators are a native species around the Tennessee Valley, which is close to the areas around Huntsville they are most frequently spotted. They are likely being seen more due to recent heavy rainfall in the area.

• American alligators are a federally protected species, which makes it illegal to hunt, kill or  transport one without proper permits; city officials advise citizens to avoid any contact with the animals and contact Huntsville police if one poses a threat.

Family lawyer of teen shot, killed by Homewood PD says body cam footage is ‘being hidden’

• The attorney for the family of Jabari Peoples, who was shot and killed by the Homewood Police Department last week, says the Alabama Law Enforcement Agency is delaying the family’s request to view body camera footage of the shooting.

• Leory Maxwell, the family’s attorney, said that all the required paperwork to see any available footage last week, but that ALEA denied the request and told the family that they do not currently have a timeline for when they will be able to see the footage.

• Peoples, who was 18 years old, was shot at Homewood Soccer Park. Peoples was sitting in a vehicle at the park on Monday night, and Homewood officers claim they smelled marajuna emanating from the vehicle. Officers also say when Peoples was ordered from the vehicle, they noticed a handgun in the door pocket. 

• A struggle ensued during Peoples’ arrest, where officers claimed he grabbed the handgun, prompting officers to open fire and shoot Peoples. He was taken to UAB Hospital, where he died.

Alabama AG says CBD shops in five cities raided for “illicit drugs”

• Alabama Attorney General Steve Marshall said Friday that a nearly year-long investigation found that some products sold in certain CBD and vape shops were not hemp, but, instead, were marijuana.

• Products bought by agents during the investigation that were labeled as hemp contained more than the 0.3% legal limit of THC that classifies a product as hemp under state law.

• This investigation led to state and local law enforcement executing search warrants on shops in Troy, Enterprise, Clanton, Wetumpka and Montgomery.

Our articles you might have missed:

• In the most recent episode of Alabama Spotlight, Wesley Hyde and Harrison Neville recount their visit to Ava Maria Grotto, a stunning collection of folk art which was the life’s work of Brother Joseph Zoetl. Zoetl spend over 50 years working with concrete and creating Ava Maria Grotto. The conversation discusses not only Zoetl and his work, but also the inescapable sense of wonder that accompanies visitors to the Ava Maria Grotto.

• Check out the companion article on our website, and be sure to listen to the exclusive interview we recorded with Roger Steele, the director of Ava Maria Grotto.

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