Court postpones prelim. hearing for Campus Text

Suit claims Book Store interfered with business operations The Pennsylvania Court of Common Pleas has postponed a discovery hearing in Campus Text's lawsuit against the University and Barnes & Noble, which owns The Book Store. The hearing, originally scheduled for next Tuesday, will take place in mid-December. The suit, filed September 5, claims the University interfered with Campus Text's business ventures by attempting to prevent the company from distributing promotional information on the sidewalk, Campus Text's attorney Terry Elizabeth Silva said. According to Silva, the judge denied a request for an immediate hearing because Campus Text closed for the semester last Friday. An immediate hearing occurs only when the issues in the case are causing immediate harm. Campus Text was founded more than two years ago by 1995 College and Wharton graduate Doug Levy, who serves as co-president of the company with current partner Mike Saewitz. The company sells books under the 38th Street bridge at a discount of about 10 percent off Book Store prices. The company has requested a temporary restraining order and preliminary and permanent injunctions for constitutional rights violations and interference with business. Silva and her clients also filed a charge of assault against University Police for threatening to arrest Levy for handing out promotional literature. University spokesperson Ken Wildes said the case had no merit, and that the University is prepared to defend itself fully. The judge has not yet issued a restraining order because some information about the case had not ben received when the decision to postpone the discovery hearing was made. Currently, the court is seeking testimony to support Campus Text's requests for University documents and an injunction against the University. The preliminary injunction seeks prospective relief from the University's future behavior, according to Silva. "In the middle step of the trial, the preliminary injunction, we are fighting for our right not to be harassed by the University," Silva explained. Once the preliminary hearing is completed, Silva and her clients will pursue a permanent injunction against the University as the final step in their suit. Silva said the long-term injunction procedures will seek compensation for damages incurred because of the wrongful actions by University Police and the University. According to Saewitz, University Police attempted to arrest several Campus Text employees while they were passing out promotional flyers this year. Saewitz said the literature was distributed in public locations, including Locust Walk and other streets surrounding the campus. "Other companies were distributing their literature on Locust Walk in the presence of the police, but we were the only ones prevented -- no one else was threatened with arrest and we had distributed in the same locations as we always have," Saewitz said. "We were singled out."