University of Colorado Regent Wanda James has filed a federal civil rights lawsuit against the regents who censured and stripped her of committee assignments, alleging the action was retaliation for speaking out against racism on campus.

James’ attorneys also filed a motion for a preliminary injunction against seven of her fellow regents.

“Indeed, it is difficult to imagine speech closer to the core of the First Amendment: an elected official using her voice to criticize a taxpayer-funded government program that trafficked in racist stereotypes, and advocating for a reallocation of public resources,” according to the complaint.

The CU Board of Regents is comprised of nine elected members, including James, who serve staggered six-year terms. The board is charged with fiscal oversight of the university.

As a self-governing body, the board can censure a regent when their actions are deemed to have violated any policy or law governing their conduct.

A censure, which is a public reprimand, requires a majority vote.

The board censured and sanctioned James in July after she called on the governor to defund CU’s School of Health’s (CSPH) “the Tea on THC” — an ad campaign on the potency of THC and its impact on a teen’s developing brain — because of what she has described as using “centuries-old racist tropes” that retraumatize students.

A prominent owner of a Denver cannabis dispensary, James is the only Black regent on the board.

The university pulled the photos.

But James did something else that officials said violated her fiduciary duty: she lobbied Gov. Jared Polis to pull state funding for the ad campaign. In an interview with Westword early last year, James said she wanted the funding yanked and reallocated to marijuana business owners who qualify for social equity licenses.

“The images were removed immediately and that’s where the story should have ended,” said Michele Ames, a CU spokesperson.

In defending her actions later, James disputed that in a written statement responding to the university’s investigation.

“The undisputed facts show that Regent James never urged a government official to pull funding for the Tea on THC program,” James’ attorneys wrote.

“Instead, the evidence shows that before Regent James even learned about the Tea on THC’s racist imagery, the Governor decided to recommend cutting the campaign’s funding. When she learned and inquired about the racist imagery, Regent James was told that the funding had already been pulled.”

About two months before the Westword article, CU President Todd Saliman told the board that the governor’s state budget request included a $1 million cut to CSPH, according to the university’s investigation.

James has called the investigation a “sham.”

The governor’s office did not respond to an inquiry from The Denver Gazette before this story published.

She also expressed concern about what she sees as a wider trend.

“What is happening at CU is not isolated,” James said in a statement. “Across this country, we are watching powerful institutions increasingly attempt to punish, intimidate, and silence people who challenge them.”

James’ attorney criticized the university.

“It’s never happened before because it’s so outrageous,” said Andy McNulty, a First Amendment attorney representing James.

McNulty added, “When Black folks speak out about racism, they’re treated with the same racism that they’re speaking out against.”

In 150 years, only Regents Glen Gallegos, a Grand Junction Republican, and James have received such a public admonishment. Gallegos was censured and sanctioned in October 2022 after staff mistreatment allegations. After about six months, Gallegos was reinstated following an in-person training that included sexual harassment, a May 2023 regent letter shows.

James was sanctioned 10 months ago. The “longest sanction” ever imposed, McNulty noted.

It is unclear what James can do, as Gallegos did, to have her sanctions lifted.

Ames didn’t have specifics, but said the board has made formal and informal outreach to her to bring the situation to a resolution.

James is challenging U.S. Rep. Diana DeGette, a Democrat, for the seat she has held since 1997.