Ann Arbor Judge Tosses Suit Challenging District's Ban On Guns
ANN ARBOR (CBS DETROIT/AP) - Ann Arbor Public Schools get a win as a Washtenaw County Judge Thursday throws out a lawsuit challenging the district's ban on guns.
Citing a school district is not a unit of government -- Washtenaw County Judge Carol Kuhnke ruled that the Ann Arbor Public School policy, effectively banning guns and other weapons from school grounds, is legal.
The suit was filed on behalf of a father who wants to carry his gun at Pioneer High School.
Michigan Gun Owners attorney Jim Makowski argued that the gun ban isn't legal.
"That is contrary to state law and we are challenging their right, their ability to promulgate these policies and enforce them," said Makowski.
Makowski tells The Associated Press he will appeal the decision which he called a political decision.
"Both sides knew going into this hearing today that it was going to be appealed one way or the another, so we're the appellant verses the appellee - that's all this means today."
The district argued that the Michigan Revised School gives them the right to ban those with guns and others from school property.
"We are thrilled, I don't think we are surprised," said Ann Arbor School Superintendent Dr. Jeanice Swift, a co-defendant in the case.
"I don't believe it's a teacher and an administrator's job to determine the intent of that person who is walking into a school - I think it's very important that we keep sacred a learning environment where our children don't have to question - our staff doesn't have to worry - where we are protected and safe," said Swift.
WWJ's Legal Analyst Charlie Langton says that he's not surprised by the judge's ruling.
"I don't think it's politics but I do think though that schools have the ability under state law to ban guns if they so choose," he said.
This case could eventually head "up the chain" to the Supreme Court notes Langton.
State law says anyone with a concealed pistol license may openly carry a gun into a school. But the Ann Arbor school district's policy says a firearm on school property is considered an emergency.
In August, a Genesee County judge said a man could openly carry his pistol at his daughter's school in the Clio district.
TM and © Copyright 2015 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2015 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
