Fendley v. Boise State University, et al.

Summary

Big City Coffee, a local business owned by Sarah Jo Fendley, operated near the Boise State University campus and gained attention due to Fendley’s outspoken support for law enforcement amid a climate of campus activism and social unrest. In response to these political expressions, Boise State administrators began imposing restrictions on the coffee shop’s operations. These restrictions included barring Big City Coffee from running a kiosk on university property, limiting participation in university-sponsored events, and pressuring the business to relocate from high-traffic campus areas.

In early 2024, following these restrictions, Fendley filed a federal lawsuit against Boise State University and several administrators, alleging that the university’s actions violated her First Amendment rights by engaging in unlawful viewpoint discrimination and suppressing her freedom of expression.

The case proceeded to trial, and in September 2024, a jury ruled in favor of Big City Coffee, awarding $4 million in damages—$3 million in compensatory damages and $1 million in punitive damages—finding that the university had unlawfully infringed upon Fendley’s free speech rights and business activities.

In December 2024, an Ada County District Judge reviewed the verdict, reducing the compensatory damages by approximately $696,000 but upholding most of the award, including punitive damages. The court also ordered Boise State University to pay $1.6 million in legal fees. Big City Coffee is seeking nearly $1.7 million in additional legal fees and costs.

Boise State University has expressed strong disagreement with the verdict and announced plans to appeal to the Idaho Supreme Court.