Oregon teacher loses court battle: concealed carry
http://www.mailtribune.com/apps/pbcs.dll/article?AID=/20071110/NEWS/711100308
by Paris Achen
Mail Tribune
November 10, 2007
An English teacher who fought to carry her 9 mm Glock semiautomatic pistol to South Medford High School has lost her court challenge of a school district policy prohibiting employees from taking weapons on campus.
Jackson County Circuit Court Judge G. Philip Arnold issued a written opinion Friday that the Medford School District's policy is legal under state law.
"This is breaking new ground because it's clarifying the authority so many school districts have already exercised," said Medford schools Superintendent Phil Long. "I haven't had a chance to tell my colleagues in the state about the ruling, but I think the No. 1 response will be extreme relief."
Katz said Friday she plans to appeal the decision, and the Oregon Firearms Educational Foundation pledged to continue to finance her legal expenses.
"I'm shocked and extremely disappointed by his decision," Katz said.
In the high-profile case that spawned anxiety among public school officials across the state, Katz claimed the district's policy conflicted with astate law that prohibits local governments from enacting "civil or criminal ordinances" regulating or restricting firearms.
State law allows people with permits to carry concealed handguns into schools and other public buildings, but most school districts in the state have passed policies forbidding employees from doing so.
"In this case, it is clear the district's prohibition on weapons is contained in a school board employee policy, and is not an ordinance," Arnold wrote.
"The district policy applies to only employees and others working for the district. The policy is known to those persons in advance. They accept their jobs subject to, and knowing, the policy."
Katz said she wanted to carry her pistol to guard against an ex-husband who she claimed is violent and to protect students from intruders.
Gerry Katz, a commercial photographer, has denied he has acted violently toward his ex-wife and has said he's not a threat to her or to others at South Medford. No assault charges have been listed against him in county court records.
About 10 students have transferred out of Katz's classes since the lawsuit was filed Sept. 18. District officials recently hired a substitute teacher to instruct them.
Katz would not say whether she has taken her handgun to school, but school officials said they had no evidence to indicate she had.
The Medford district and other districts around the state have been pressing state legislators for several years to pass a law that would ban everyone except law enforcement from carrying guns on school campuses. Past attempts by lawmakers have failed.
"We have regulations and resources in place to ensure a safe working environment for employees and a safe learning environment for students," said Tim Gerking, attorney for the Medford district. "We believe, and law enforcement agrees, that keeping guns out of school buildings is an essential part of our overall policy."
Reach reporter Paris Achen at 776-4459 or pachen@mailtribune.com.
HOME
Reader Reaction These discussions and our forums are not moderated. We rely on users to police themselves, and flag inappropriate comments and behavior. You need not be registered to report abuse. In accordance with our Terms of Service, we reserve the right to remove any post at any time for any reason, and will restrict access of registered users who repeatedly violate our terms. Click here if you wish to report inappropriate comments or behavior.
View All Comments View All Comments
pop1931November 10, 2007 11:07 AM
report violation
Yes, norm The majority of the people I interviewed, do not want concealed weapons allowed in our schools. Of course they don't want any guns in the schools, but perhaps that should go without saying. DAH!!! Full Message
oldoregonNovember 10, 2007 11:03 AM
report violation
Considering a vast majority of the US public support restrictions on gun ownership, I would think this is a pretty good guess.A prediction: "Oregonian's for Guns" will soon start a referendum campaign with some stupid title like "RIGHT TO OWN GUNS FOREVER" and put it to a vote. Smith and Wesson, Charlton Heston, and the NRA will spend millions on TV and radio ads that imply a "no" vote will force you to sell off your Granpda's blunderbuss while the fine print hides the fact that they are reducing the age and legal requirements for gun ownership to allow felons to buy guns provided they are born again. Probably for the Nov. 2008 ballot. That way they can ask the Presidential Candidates... Full Message
norm_d_plumeNovember 10, 2007 10:53 AM
report violation
pop1931 said...What's to prevent students from bringing a gun to school if they have the "legal" permit? -->-->--> What's to prevent them from bringing guns to school it they have no permits? I suppose either you weren't aware of, or chose to ignore, the requirement that CCW holders be 18 years old and undergo rigorous examination before being issued a permit............. pop1931 said...Will we ever get back to what the majority of the citizens in this state want? -->--> Are you sure a majority of citizens want to prevent accredited teachers from carrying a concealed weapon in the classroom? Full Message
oldoregonNovember 10, 2007 10:51 AM
report violation
No freedom, including the right to bear arms under the 2nd Amendment, is absolute. I would want MY children to understand that any right they enjoy is constrained, as it should be, the minute it impacts the rights of others. Full Message
pop1931November 10, 2007 10:42 AM
report violation
Hey Norm, what about the rights of the majority? Do you have children at SMHS or any other school in the area? What's to prevent students from bringing a gun to school if they have the "legal" permit? Will we ever get back to what the majority of the citizens in this state want? It sure doesn't look like it with the State leadership we now have. Full Message
norm_d_plumeNovember 10, 2007 10:31 AM
report violation
Mom2many said...It's pretty clear where her priorities are. -->-->--> That is great!! She is simply utilizing her constitutional rights.............you would want teachers not to educate their students about standing up for their rights and freedoms? Oh, I see...........only if it is rights and freedoms you agree with............ Full Message
Mom2manyNovember 10, 2007 08:56 AM
report violation
Katz said Friday she plans to appeal the decision, and the Oregon Firearms Educational Foundation pledged to continue to finance her legal expenses. Well that's great! Her expenses are being paid by someone else, while the school district will continue to use money that could otherwise be spent on things that would benefit the students. It's pretty clear where her priorities are. I'm glad she doesn't teach my child. Full Message
by Paris Achen
Mail Tribune
November 10, 2007
An English teacher who fought to carry her 9 mm Glock semiautomatic pistol to South Medford High School has lost her court challenge of a school district policy prohibiting employees from taking weapons on campus.
Jackson County Circuit Court Judge G. Philip Arnold issued a written opinion Friday that the Medford School District's policy is legal under state law.
"This is breaking new ground because it's clarifying the authority so many school districts have already exercised," said Medford schools Superintendent Phil Long. "I haven't had a chance to tell my colleagues in the state about the ruling, but I think the No. 1 response will be extreme relief."
Katz said Friday she plans to appeal the decision, and the Oregon Firearms Educational Foundation pledged to continue to finance her legal expenses.
"I'm shocked and extremely disappointed by his decision," Katz said.
In the high-profile case that spawned anxiety among public school officials across the state, Katz claimed the district's policy conflicted with astate law that prohibits local governments from enacting "civil or criminal ordinances" regulating or restricting firearms.
State law allows people with permits to carry concealed handguns into schools and other public buildings, but most school districts in the state have passed policies forbidding employees from doing so.
"In this case, it is clear the district's prohibition on weapons is contained in a school board employee policy, and is not an ordinance," Arnold wrote.
"The district policy applies to only employees and others working for the district. The policy is known to those persons in advance. They accept their jobs subject to, and knowing, the policy."
Katz said she wanted to carry her pistol to guard against an ex-husband who she claimed is violent and to protect students from intruders.
Gerry Katz, a commercial photographer, has denied he has acted violently toward his ex-wife and has said he's not a threat to her or to others at South Medford. No assault charges have been listed against him in county court records.
About 10 students have transferred out of Katz's classes since the lawsuit was filed Sept. 18. District officials recently hired a substitute teacher to instruct them.
Katz would not say whether she has taken her handgun to school, but school officials said they had no evidence to indicate she had.
The Medford district and other districts around the state have been pressing state legislators for several years to pass a law that would ban everyone except law enforcement from carrying guns on school campuses. Past attempts by lawmakers have failed.
"We have regulations and resources in place to ensure a safe working environment for employees and a safe learning environment for students," said Tim Gerking, attorney for the Medford district. "We believe, and law enforcement agrees, that keeping guns out of school buildings is an essential part of our overall policy."
Reach reporter Paris Achen at 776-4459 or pachen@mailtribune.com.
HOME
Reader Reaction These discussions and our forums are not moderated. We rely on users to police themselves, and flag inappropriate comments and behavior. You need not be registered to report abuse. In accordance with our Terms of Service, we reserve the right to remove any post at any time for any reason, and will restrict access of registered users who repeatedly violate our terms. Click here if you wish to report inappropriate comments or behavior.
View All Comments View All Comments
pop1931November 10, 2007 11:07 AM
report violation
Yes, norm The majority of the people I interviewed, do not want concealed weapons allowed in our schools. Of course they don't want any guns in the schools, but perhaps that should go without saying. DAH!!! Full Message
oldoregonNovember 10, 2007 11:03 AM
report violation
Considering a vast majority of the US public support restrictions on gun ownership, I would think this is a pretty good guess.A prediction: "Oregonian's for Guns" will soon start a referendum campaign with some stupid title like "RIGHT TO OWN GUNS FOREVER" and put it to a vote. Smith and Wesson, Charlton Heston, and the NRA will spend millions on TV and radio ads that imply a "no" vote will force you to sell off your Granpda's blunderbuss while the fine print hides the fact that they are reducing the age and legal requirements for gun ownership to allow felons to buy guns provided they are born again. Probably for the Nov. 2008 ballot. That way they can ask the Presidential Candidates... Full Message
norm_d_plumeNovember 10, 2007 10:53 AM
report violation
pop1931 said...What's to prevent students from bringing a gun to school if they have the "legal" permit? -->-->--> What's to prevent them from bringing guns to school it they have no permits? I suppose either you weren't aware of, or chose to ignore, the requirement that CCW holders be 18 years old and undergo rigorous examination before being issued a permit............. pop1931 said...Will we ever get back to what the majority of the citizens in this state want? -->--> Are you sure a majority of citizens want to prevent accredited teachers from carrying a concealed weapon in the classroom? Full Message
oldoregonNovember 10, 2007 10:51 AM
report violation
No freedom, including the right to bear arms under the 2nd Amendment, is absolute. I would want MY children to understand that any right they enjoy is constrained, as it should be, the minute it impacts the rights of others. Full Message
pop1931November 10, 2007 10:42 AM
report violation
Hey Norm, what about the rights of the majority? Do you have children at SMHS or any other school in the area? What's to prevent students from bringing a gun to school if they have the "legal" permit? Will we ever get back to what the majority of the citizens in this state want? It sure doesn't look like it with the State leadership we now have. Full Message
norm_d_plumeNovember 10, 2007 10:31 AM
report violation
Mom2many said...It's pretty clear where her priorities are. -->-->--> That is great!! She is simply utilizing her constitutional rights.............you would want teachers not to educate their students about standing up for their rights and freedoms? Oh, I see...........only if it is rights and freedoms you agree with............ Full Message
Mom2manyNovember 10, 2007 08:56 AM
report violation
Katz said Friday she plans to appeal the decision, and the Oregon Firearms Educational Foundation pledged to continue to finance her legal expenses. Well that's great! Her expenses are being paid by someone else, while the school district will continue to use money that could otherwise be spent on things that would benefit the students. It's pretty clear where her priorities are. I'm glad she doesn't teach my child. Full Message
0
Please sign in to leave a comment.
Comments
0 comments