An outspoken cadre of student critics did not drive Boise State University administrators to force a coffee shop off campus, university President Marlene Tromp said Wednesday afternoon.

Tromp was equally adamant on a second point. She said Boise State could not — and would not — silence students to appease Big City Coffee owner Sarah Fendley.

Tromp took the stand as the third week began in Fendley’s $10 million civil lawsuit. Fendley contends that she was pushed off the Boise State campus in October 2020, after students contacted university leaders to condemn the owner’s support of law enforcement. Boise State officials have denied Fendley’s First Amendment claims, saying she willingly gave up her shop location in the university library after only 42 days in business.

Technically, Tromp is not a party to the lawsuit. She is not listed as a defendant, despite repeated attempts from Big City’s attorneys to add her back to the case. The only remaining defendants are Alicia Estey, Boise State’s chief financial and operating officer and vice president for finance and operations; and Leslie Webb, Boise State’s former vice president for student affairs and enrollment management. Webb now works at the University of Montana, while Estey is a key member of Tromp’s leadership team.

Tromp is not a defendant, but she is nonetheless on trial — at least in the court of public opinion. As the Big City lawsuit has percolated over four years, it has fueled a recurring narrative from Tromp’s political foes, who say she has allowed a leftist social justice agenda to permeate the state’s largest campus.

Tromp’s testimony was geared toward debunking this narrative.

Criticism is almost inevitable, and no decision the university makes is immune. The university listens to student critics and tries to use the feedback as a teaching mechanism, “but that doesn’t determine our course of action,” Tromp said. As a case in point, she said, Boise State extended its law enforcement contract with the Boise Police Department in 2021, over objections from some students.

Tromp said she wasn’t overly concerned in the summer of 2020, when Big City was selected to replace a Starbucks at the university library. And in September 2020, when Tromp met with Boise State’s Inclusive Excellence Student Council, the group spent much of its time talking about the university’s pandemic response. By that time, Webb had already told IESC members that Big City’s contract was a done deal.

As the controversy lingered, Boise State officials did not talk about pushing Big City off campus, Tromp said. One consideration was pragmatic: Big City was providing a much-needed dining option for students who had returned to campus for the fall 2020 semester. “It would have been a gap period for us if they had left campus.”

But by Oct. 22, 2020, the relationship between Big City and Boise State was unraveling. That afternoon, Fendley was summoned to the Boise State campus for a quickly-arranged meeting. Tromp did not attend; Estey and Webb represented.

Fendley has testified that she came to the meeting hoping to hear that she would receive support from the university, and said she was not interested in staying where she was not welcome. When Estey briefed Tromp after the meeting, Tromp said she was told Fendley had “unreasonable expectations,” which would require the university to silence student critics.

“I said, ‘Gosh, we can’t do that,'” Tromp said.

Tromp testified for about an hour late Wednesday afternoon, before the court recessed for the day. She has not yet been cross-examined by Big City’s attorneys. That is likely to occur after the court reconvenes Thursday morning.

‘You really tried to shut her up’

Fendley asked to be released from her Boise State contract during the Oct. 22, 2020, meeting with university leaders, a former campus administrator said Wednesday afternoon.

Brian Holzworth also said he suggested Big City close its doors for the fall semester and return in January 2021, but he said Fendley was uninterested. Instead, Big City never reopened after abruptly closing on Oct. 22, 2020, and Fendley and her co-workers cleared out the campus shop four days later.

Holzworth had been district manager for Aramark, the contractor which oversaw all food services on the Boise State campus, including Big City. Aramark lost its Boise State contract several years ago.

The first witness called by the defense, Holzworth offered his version of administrators’ Oct. 22, 2020 meeting with Fendley. Holzworth was one of several other people in the room.

Before this meeting, Holzworth said, there had been no talk of trying to remove Big City from campus. He said he could not recall if university leaders had reviewed Big City’s contract beforehand.

Holzworth’s testimony — and his insistence that Fendley wanted to leave campus — is in direct contrast to testimony from one of Big City’s key witnesses. On Friday, Boise State associate vice president for campus services Nicole Nimmons said she does not believe Big City left campus voluntarily.

A sharp exchange over free speech also punctuated Holzworth’s testimony.

While Holzworth said Boise State leaders did not try to keep Fendley from exercising her First Amendment rights, he did say he suggested Fendley take a more low-key approach to critics — instead of feeding into the fight by posting on social media.

On Oct. 21, 2020, a student leader went onto Snapchat to criticize Fendley’s pro-law enforcement position — and to urge classmates to boycott Big City. Fendley responded on social media that evening, including a screenshot of the Snapchat item.

The student’s criticism was not surprising, Holzworth said, but Fendley’s response was. The next day, he suggested that Fendley follow the lead of other campus food vendors, who let some criticisms pass.

In cross-examination, this drew a pointed response from Michael Roe, Fendley’s lead attorney. “You really tried to shut her up.”

Holzworth said he was only trying to suggest ways to defuse the situation. But in continued cross-examination, Holzworth conceded it might be tougher for a small business owner to brush off criticism. “She may take it more personal.”

A morning of legal maneuvering

Day seven of the jury trial began with a morning of procedural arguments — outside earshot of jurors.

After attorneys for Big City rested their case, the jury was excused. Attorneys for Estey and Webb then asked District Judge Cynthia Yee-Wallace to throw out the case.

Defense attorney Keely Duke said Big City’s attorneys had failed to make their case on several points — including the underlying issue. She said the plaintiffs had failed to show Estey and Webb had violated Fendley’s First Amendment rights.

Duke said the plaintiffs’ case focused on the timeline: Fendley closed her doors for good on Oct. 22, 2020, one day after her social media post supporting law enforcement. “Timing is not enough.”

Kersti Kennedy, one of Fendley’s attorneys, said Fendley was “called on the carpet” just hours after her post. And at that time, Estey told Fendley that it would be best for Boise State and Big City to part ways.

After putting the court in recess for almost an hour, Yee-Wallace sided with the plaintiffs. She said there was circumstantial evidence linking Big City’s departure to the student backlash. “The jury can decide.”

Boise Dev and Idaho Education News have partnered for coverage of the Big City Coffee case, with senior reporters Margaret Carmel and Kevin Richert sharing court reporting duties. Check back Thursday for continuing coverage.