Why a recent federal appeals court ruling is relevant to the happenings at Dixie State UniversityWhy a recent federal appeals court ruling is relevant to the happenings at Dixie State University

Sometimes part of the solution to problems, such as the consistent pattern of civil injustices allegedly being perpetrated by Dixie State University over the last several years, can be found by observing seemingly unrelated events. The recent federal appeals court ruling bears such relevance and is worth considering for those reaching the saturation point of enough is enough.

The Salt Lake Tribune reported this last week:

“San Juan County’s request to stay November elections of all seats on the county commission and school board in wake of a federal court’s ruling to redraw voting districts has been denied by the U.S. 10th Circuit Court of Appeals.”

The story in and of itself is a noteworthy one as it addresses the issue of voting redistricting in Utah, which has been demonstrably in favor of an assumed majority with little or no consideration for the voices of citizens not wielding the appropriate influence and input that their right to vote implies.

But note something else here. Appeals to those in positions of power in Utah are placated with disingenuous nods of understanding and perhaps statements implying that there are “two sides to every story.” But ultimately, they seem to fall upon deaf ears, even if it can be clearly demonstrated that the law does not equally represent people and is not meted out with the checks and balances necessary in a liberal democracy.

What is necessary for those who wish to see such inequality eradicated is the fortitude to take matters to the courts.

And as experience has shown this community in cases such as the malicious prosecution of Varlo Davenport by DSU, and subsequently the City of St. George, sometimes even the judicial branch is tainted by the machinations of power and influence.

Which means that the fortitude to take matter before a court must also necessarily be accompanied by the stamina and perseverance to go the distance and eventually get the matter heard by a court outside of the boundaries of Utah’s influence — that is, the 10th Circuit Court of Appeals in Denver, Colorado.

Davenport was acquitted on the charges trumped up by DSU and clearly supported by the school’s board of trustees and the city; it is worth noting that they mayor of St. George also sits on said board. This is something well worth taking a long, scrupulous look at.

But that acquittal held little consequential weight in the annals of justice and decency for both the school and the city as the statement released by DSU shortly after the trial maintained the absurd narrative that the court got it wrong and that they would disregard its findings, doing nothing to make Davenport whole again.

It will take the federal lawsuit filed by Davenport and the presumable five to seven years it takes to occur to find its way to Denver. Because it can reasonably be assumed that the outcome of the trial will be appealed by both sides. What is certain is that both he and his attorney have considered this long game and are committed to it.

Those who now find themselves on the receiving end of yet more of DSU’s ominous, legally unfounded, and flawed firings of two professors — possibly more to come — would be wise to consider such a long game, not only in defense of themselves but in defense of others in the future.

Millstones of justice in fact do turn slowly, but they indeed grind exceedingly finely.

Stay the course, people.

See you out there.

The viewpoints expressed above are those of the author and do not necessarily reflect those of The Independent

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Dallas Hyland
Dallas Hyland is a professional technical writer, freelance writer and journalist, award-winning photographer, and documentary filmmaker. As a senior writer and editor-at-large at The Independent, Hyland’s investigative journalism, opinion columns, and photo essays have ranged in topics from local political and environmental issues to drug trafficking in Utah. He has also worked the international front, covering issues such as human trafficking in Colombia. His photography and film work has received recognition as well as a few modest awards and in 2015, he was a finalist for the Mark of Excellence Award from the Society of Professional Journalists. Based in southern Utah, he works tirelessly at his passion for getting after the truth and occasionally telling a good story. On his rare off-days, he can be found with his family and friends exploring the pristine outdoors of Utah and beyond.

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