Ann Arbor school officials 'prepared to meet challenge' of gun lawsuit :: 05/01/2015

Ann Arbor Public Schools officials say they are prepared to meet the challenge of a lawsuit Michigan Gun Owners filed against the district, which claims a new weapons policy violates state laws.

On Monday, April 27, Michigan Gun Owners and Ann Arbor parent Ulysses Wong filed the suit against the district in Washtenaw County Circuit Court.

"After reviewing the lawsuit documents presented to the district regarding our new school safety policies related to prohibiting guns on our campuses, it is the position of the Ann Arbor Board of Education that, while prepared to meet this challenge to what we believe to be both a legal and common sense policy, we are also resolute in our commitment to both our current policies and to the safe and disruption-free learning environment we must maintain on behalf of our students," said Deb Mexicotte, Board of Education president, in a statement on behalf of the board.

The time has come to decide whether the community's desire to keep gun violence out of schools can be exercised, she said.

Read the full complaint from Michigan Gun Owners

In April, the Ann Arbor school board passed three policies that effectively ban guns from school buildings and school property.

The policies create a "dangerous weapon and disruption-free zone" on all district-owned property, prohibiting the presence of guns, explosives and a variety of knives and other objects.

They also outline the superintendent's ability to close schools, cancel busing or student and staff events in the case of an emergency and define the presence of a dangerous weapon on any district property as an emergency.

School districts also have the legal responsibility to keep students safe and the education environment free from disruption, Mexicotte has said.

However, Michigan law allows concealed pistol license holders to openly carry guns in schools, although they cannot carry concealed weapons in school buildings.

"Ann Arbor Public Schools does not have power to do what they have done," Wong said. "They were pretty much inviting a lawsuit."

The policies stem from a March 5 incident when Ann Arbor resident Josh Wade openly carried a handgun into Pioneer High School during a choir concert. The incident caused controversy and the board to start work on the policies.

In school board meetings in March and April, hundreds of people attended — including Wong — and dozens of people spoke to the board members both for and against allowing guns in schools.

District officials had already acknowledged the possibility of a lawsuit such as one Clio Area Schools is facing after banning guns from schools.

Wong responded to Michigan Gun Owner's call for a local resident to be part of the lawsuit. He is a gun owner, a CPL holder and a Democrat, he said.

"I'm just a regular guy who doesn't think Ann Arbor Public Schools has the ability to do what they've done," he said.

The policy discriminates against gun owners, he said.

"I haven't done anything, and I think most people who have passed background checks haven't done anything either," he said.

Wong said he has not openly carried in a school and does not practice open carry, but he does advocate for it so a person without a CPL can defend him or herself.

Linda Carter, Ann Arbor Education Association president, said her only comment at this time is the district will have to wait and see what happens in the court process.

State Rep. Jeff Irwin, D-Ann Arbor, said the group is pushing the extreme view that schools have no authority to maintain a safe and secure environment when it comes to guns.

"I applaud the school board for standing up for school safety," he said.

Ann Arbor parent Dan Meisler, who has spoken out against guns in schools at several school board meetings, said he's disappointed but not surprised by the lawsuit.

Guns have no place in Ann Arbor schools, he said, and he's proud the district is taking on the fight to keep schools weapon-free zones.

"It's not the end of the world for me if the district spends some money defending this common-sense policy," he said. "Sometimes you have to fight for what you believe in, and keeping guns out of schools is worth fighting for."

Wade said he supports the lawsuit and is confident the court will decide the case in Michigan Gun Owners' favor.

"It is unfortunate that the Ann Arbor Public Schools Board of Education decided to enact a policy that they knew was in violation of state law. By doing so, not only is the Board infringing on the rights of citizens, they are now squandering tax dollars in defense of their illegal policy," Wade said.

http://www.mlive.com/news/ann-arbor/index.ssf/2015/04/ann_arbor_school_officials_res.html