ASSU Constitutional Council Towsner vs. Viennese Ball Committee Official Opinion 

1.Summary 

The Council decided that both charging for services as well as receiving a special fee is unconstitutional.  The Council decided
that the acts stemming from those declared unconstitutional are refusing services to any student who has paid a Special Fee, which
in this case would be admission to the Viennese Ball.

The Council then decided that the stemming acts had been done in good faith, and have given the Viennese Ball Committee the
2003-2004 academic year as a grace period, after which they may either charge for their services or charge a special fee, but not
both.

2.Council Ruling

The petitioner alleged that the Viennese Ball Committee illegally charged Stanford undergraduates $75 dollars for (pairs of)
tickets, violating Article V, Section 2.A.5 of the ASSU Constitution: "Student organizations that receive a Special Fee may not
deprive any member of the Association of any or all of its services unless that member has obtained a refund of that organizations
fee.  However, during a given year, a student organization may not charge a total amount greater than its per capita Special Fee
for services to provided to members of the Association outside of that organization's funding population."

The respondants argued that the service that the Viennese Ball Committee provides is the sale of tickets and not the event itself.  
They also argued that they provided other means of payment for tickets, such as volunteering to help organize the ball.

The Council viewed the Viennese Ball itself as a service of the Viennese Ball Committee, and that requiring some means of payment
for the service of attending the Ball implies that those who refuse to pay (either by money or by volunteering) would be deprived
of the service.  The Council decided that the Viennese Ball Committee did violate the ASSU Constitution by charging for services
and receiving a Special Fee.

Concurring: Michael Bartsch, William Curry (Chair), Sandra Liu, Robert Rudnitsky
Dissenting: None
Abstentions: None

3.Stemming Acts: 

Determination The Council determined that the potential stemming acts were the combination of charging a Special Fee and charging
for the Viennese Ball.

4.Stemming Acts: Good Faith

The Council decided that all of the stemming acts had been done in good faith.

5.Stemming Acts: Reinstatement

The Council decided to reinstate the action of both receiving a Special Fee and charging for services for the 2003-2004 academic
year, but emphasizes that any future double-billing of students by charging a Special Fee and charging for any services is
unconstitutional.