Firearms Owners Against Crime
Institute for Legal, Legislative and Educational Action
Institute for Legal, Legislative and Educational Action
CLIO, MI -- Clio schools claim a lawsuit filed by a man who openly carried his pistol in an elementary school should be dismissed because the entire case is based on a "fundamental misunderstanding of Michigan Law."
The school district filed a motion Thursday, July 9, asking Genesee District Judge Archie Hayman to dismiss a lawsuit filed against it by Kenneth Herman and Michigan Open Carry, an advocacy organization.
Herman filed the lawsuit March 5 in Genesee County Circuit Court against the Clio Area School District, claiming he was denied access to Edgerton Elementary multiple times while attempting to pick up his daughter because he was open-carrying a pistol.
State law prevents people from carrying concealed firearms on school property. However, the law allows individuals with concealed pistol licenses to openly carry their firearms in schools. Herman is a CPL holder.
Herman sued the district after it declared all of its properties weapon-free zones and banned him from openly carrying his firearm in its buildings.
Read the district's entire motion here
Much of Herman's lawsuit rests on a 2012 Michigan Court of Appeals decision, stemming from a case that involved Michigan Open Carry, stopping a Lansing library group from banning the open-carrying of firearms on its properties.
But the district, in its motion filed by Troy-based attorney Timothy J. Mullins, claims Herman and Michigan Open Carry are incorrectly interpreting the appeals court decision, because the ruling does not apply to school districts.
The district also claims state law allows districts to enact policies to safeguard students and, therefore, allows them to institute firearm bans.
"Guns are not allowed in State or Federal Court buildings or in various government agencies," the district's motion argues. "Why should the safety of government employees be paramount to children or their parents?"
Michigan Open Carry President Phillip Hofmeister and Herman have not yet filed a response to the district's motion, but both say they believe the lawsuit correctly interprets the appeals court decision.
"The proof is in the pudding," Herman said, adding that the district's argument was an attempt to circumvent the law.
A hearing is scheduled Aug. 10 on the motion to dismiss the suit.
http://www.mlive.com/news/flint/index.ssf/2015/07/clio_schools_ask_for_dismissal.html#incart_river