Boise, Idaho – The legal battle between Boise State University and Big City Coffee continues unabated, with taxpayers footing a burgeoning bill surpassing $1.5 million. After a jury awarded Big City Coffee owner Sarah Jo Fendley $4 million in damages for First Amendment violations, both parties returned to court, signaling lengthy appeals and further financial implications.
In the recent court developments, Ada County District Judge Cynthia Yee-Wallace turned down Boise State’s requests for a new trial and to overturn the jury’s verdict. However, she did adjust the compensation amounts, notably lowering the awarded figure for business losses to $696,313 from the initial $1 million. These business losses stemmed from the projected revenue of the coffee shop’s now-closed Boise State library location, which it was forced to shutter amid student protests over Fendley’s outspoken support for law enforcement back in October 2020.
The verdict, while on hold pending the ongoing legal process, includes sizable sums for lost reputation and personal distress experienced by Fendley, totaling $2 million. Additionally, $1 million in punitive damages was levied against former Boise State administrator Leslie Webb. The state’s Risk Management Program would be responsible for the non-punitive damages if Boise State ultimately pays, though it doesn’t cover punitive damages.
Legal expenditures have skyrocketed as the university outsources its defense to private firms. To date, Boise State has spent approximately $1.575 million covering these costs, a spike from earlier figures reported before the trial concluded in District Court. Payments have largely been sourced from interest income, according to Boise State chief communications and marketing officer Lauren Griswold.
One contentious issue is the nearly $1.7 million in legal fees and costs sought by Big City Coffee for their representation. More than $700,000 of this is for lead attorney Michael Roe. Big City’s legal fees were substantially supported by notable Idaho conservative donor Larry Williams, who contributed around $475,000.
Amidst financial debates, Boise State has been ordered along with the state’s risk management program to post an appeal bond totaling $7.7 million, which would ensure funds are available should the appeal fail. Boise State has opposed this requirement, asserting that it is both unnecessary and unwarranted. The final decision on this and the matter of legal fees will be pivotal and likely influence subsequent legal strategies as the university plans to take the fight to the Idaho Supreme Court.
With continued legal wrangling expected, and millions of taxpayer dollars already spent—with potentially more on the line—the full financial and legal ramifications are yet to be seen. The implications of this case stretch beyond the university and Big City Coffee, resonating throughout the Boise community and potentially influencing public university policies nationwide.
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