Firearms Owners Against Crime
Institute for Legal, Legislative and Educational Action
Institute for Legal, Legislative and Educational Action
The question of whether guns will be allowed in Ann Arbor Public Schools is headed to the courtroom.
Michigan Gun Owners and Ann Arbor parent Ulysses Wong filed a lawsuit Monday against the Ann Arbor Public Schools and Superintendent Jeanice Swift.
The lawsuit alleges that policies passed by the AAPS board at its April 15 meeting violate Michigan law and the state's constitution.
"State law preempts a local unit of government from regulating the possession and transportation of a firearm," complaint reads.
Michigan Gun Owners corporation counsel and legislative director James Makowski submitted the complaint in Washtenaw County Circuit Court and Judge Carol Kuhnke will hear the case.
Mike Borders, president of Michigan Gun Owners, said the organization was initially going to wait to file the lawsuit until a similar case in Clio was completed. That case—brought by Michigan Open Carry, Inc. along with a parent—is still making its way through the legal system and Borders sad the group decided it couldn't hesitate.
"In our opinion, you cannot let anyone circumvent the laws of the state of Michigan, regardless of who it is," he said.
Wong, the named party in the lawsuit, is the parent of an Ann Arbor Public Schools student.
"We put out a call for a plaintiff who is a parent with students in the district to make sure we had standing," Makowski said.
"Mr. Wong kindly volunteered to stand up for his rights ... he feels pretty strongly that there are 10 amendments in the Bill of Rights and he believes in all of them, as do I. He does not believe the government should abridge any of those rights."
"We’re just trying to get the Ann Arbor schools to comply with state law, which they are clearly flaunting.”
Michigan Gun Owners and Wong are seeking a declaratory judgment and an order from the court stating that the new policy is illegal and unenforceable. The AAPS board passed three policies April 15 that effectively would keep anyone who is not a law enforcement officer from bringing a gun onto school property.
Read the full complaint from Michigan Gun Owners
The policies create a "dangerous weapon and disruption-free zone" on all district-owned property, prohibiting the presence of guns, including pistols, explosives and a variety of knives and other objects. They also outline the superintendent's ability to close schools, cancel busses 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.
Board members acknowledged the possibility that a lawsuit such as this one could be brought while making their decision to enact the policy.
"There may be potential risks, but we are willing to stay together and address those risks on behalf of children," Trustee Susan Baskett said. "We don't tolerate guns or weapons."
The new policies stem from a March 5 incident when Ann Arbor resident Josh Wade carried a handgun into Pioneer High School during his sister's choir concert. Before the new policies were put into place, residents with Concealed Pistol Licenses could openly carry a gun on school property—where concealed weapons are prohibited.
Makowski said he personally disagrees with the new policies and thinks that he and his clients have a strong case moving forward. The Ann Arbor Public Schools will have 21 days to provide a response to the complaint and then Makowski said he will ask the court for summary judgment.
"We're not looking for any money damages, we're just trying to get the Ann Arbor schools to comply with state law, which they are clearly flaunting," he said.
"It's amazing to me that they so brazenly flout the law."
Ann Arbor Public School officials could not immediately be reached for comment on the suit.
http://www.mlive.com/news/ann-arbor/index.ssf/2015/04/michigan_gun_owners_files_laws.html