After four years, Big City-Boise State battle finally goes before a jury

Nearly four years after an acrimonious split, the Big City Coffee-Boise State University dispute reached an Ada County courtroom Wednesday morning.

Jury selection began in the $10 million civil lawsuit, as District Judge Cynthia Yee-Wallace winnowed down a field of 77 prospective jurors. No jurors were selected by Wednesday’s lunch break.

When a jury is seated, attorneys for Big City and Boise State are likely to present diametrically opposing views of the coffee shop’s short-lived time on campus. Big City owner Sarah Fendley has contended that her business was a victim of Boise State’s social justice agenda — and the target of student critics. Boise State had long argued that Fendley willingly severed her ties with the university, walking away from a highly visible on-campus location after a few months in operation.

The First Amendment case plays into a larger debate over Boise State campus politics — an issue that has marked Marlene Tromp’s five-year tenure as president of the state’s largest university. But neither Boise State nor Tromp are defendants. The case instead focuses on two defendants: Alicia Estey, Boise State’s vice president for finance and operations, and a key figure in Tromp’s inner circle; and Leslie Webb, Boise State’s former vice president for student affairs and enrollment management, who now works for the University of Montana.

Fendley and her lawyers have said Estey and Webb played a key role in Big City’s removal from the campus. And while Yee-Wallace has narrowed the parameters of the case, she has not dismissed Estey and Webb from the lawsuit.

A laborious jury selection process unfolded Wednesday morning.

Shortly after 9 a.m., bailiffs ushered in the pool of prospective jurors. The group took up most public seating in the courtroom, as a handful of observers and reporters watched from the jury box.

Gradually, space began opening up in the gallery, as numerous potential jurors were excused for an assortment of reasons.

One Boise State retiree, a professor emeritus, was excused after saying she had strong opinions about the dispute. Two prospective jurors were excused after disclosing that they knew former Big City employees. Three others were dismissed after saying they knew potential witnesses, and suggesting they might give their acquaintances’ testimony additional weight.

But the forecast of a nine-day trial, stretched across three weeks, took an even larger bite out of the jury roster. By midday, Yee-Wallace excused at least 15 people for a host of logistical reasons — from work conflicts to health issues to a pending wedding.

Wednesday’s slow start comes more than four years after Big City expanded from its Downtown location to establish a presence on campus. In the summer of 2020, during the heart of the COVID-19 pandemic, Big City received a contract to operate a coffee shop in Boise State’s library.

The coffee shop closed its doors permanently on Oct. 22, 2020.

Some students pushed back against Fendley’s vocal support of law enforcement, including her decision to post a Thin Blue Line flag in the coffee shop. Opponents urged Boise State administrators to sever ties with Big City, saying its pro-law enforcement stance marginalized students of color.

The campus blowback is a matter of public record. But the lawsuit centers on whether Fendley was pushed off campus because of her politics, and whether the university violated her First Amendment rights.

“(Big City was) removed from campus due to their expression,” Fendley’s attorney, Michael Roe, said in a pretrial court statement filed last week.

“It is undisputed that Big City chose to break its contract,” Keely Duke, Boise State’s attorney, said in a pretrial statement last week.

Big City filed its lawsuit on Oct. 1, 2021.

A procession of past and present Boise State officials could testify during the trial.

Both Big City and Boise State have listed Tromp as a potential witness. Webb and Estey are also likely witnesses, along with Lauren Griswold, Boise State’s chief communications and marketing officer, and Nicole Nimmons. Boise State’s associate vice president for campus services.

Roe and Duke have both indicated they plan to call Fendley as a witness.

Check back for updates on the trial.

Kevin Richert

Kevin Richert

Senior reporter and blogger Kevin Richert specializes in education politics and education policy. He has more than 30 years of experience in Idaho journalism. He is a frequent guest on "Idaho Reports" on Idaho Public Television and "Idaho Matters" on Boise State Public Radio. Follow Kevin on Twitter: @KevinRichert. He can be reached at [email protected]

Get EdNews in your inbox

Weekly round up every Friday