The Michigan Court of Appeals will hear oral arguments next month on whether the state’s anti-hazing law is unconstitutional.
Attorney Edwar Zeineh is challenging the law after his client, Ethan Cao, was charged with a felony count of hazing resulting in death and three misdemeanor counts of hazing resulting in physical injury in 2022 after Phat Nguyen died of alcohol poisoning during a fraternity pledging event in 2021.
Zeineh says the law violates the First Amendment’s protection of free association by referencing specific groups, like fraternities and sports teams, and is also overly broad and vague.
The law went into effect in 2004, but Zeineh says the most serious charge had never been used until ten people were charged in connection to Nguyen’s death. Three of the cases remain pending.
That means the law is untested and the result of the challenge could set a new precedent.
District Court Judge Molly Greenwalt previously ruled against Zeineh, and Cao’s case moved to Ingham County Circuit Court, but Zeineh appealed to the Michigan Court of Appeals.
“This is not an appeal by right, it’s by request,” Zeineh said. “So the Court of Appeals inevitably looked at this and said, yeah, this is a matter that should be taken up prior to the final disposition or end of the case.”
“A win comes when you are effectively using the court system to prosecute and defend cases, as well as have the Court of Appeals review cases and make sure everybody’s operating on the appropriate understanding of what law is,” Zeineh said. “I think that’s a win, in and of itself, to be before the Court of Appeals prior to the final disposition of this case, and that, you know, we’re going to rely heavily on their opinion when it’s all said and done.”
The law’s most serious charge – a felony count of hazing resulting in death – carries a maximum sentence of up to 15 years in prison.
Ingham County Prosecutor John Dewane declined to comment on the pending criminal case.
A spokesperson for Attorney General Dana Nessel did not immediately return a request for comment.
Oral arguments will be heard Aug. 6 at the Hall of Justice in Lansing.