New Jersey: "Montclair schools, gun group settle suit over gun control fliers"

[cuchulainn]

from A.P. via Newsday

http://www.newsday.com/news/local/w...ay20,0,7171230.story?coll=ny-ap-regional-wire

Montclair schools, gun group settle suit over gun control fliers

May 20, 2003, 2:58 PM EDT

BY WAYNE PARRY
Associated Press Writer

NEWARK, N.J. (AP) _ The Montclair public school system will distribute gun safety leaflets to settle a lawsuit brought against it by a gun group that objected when school officials sent pro-gun control leaflets home with students three years ago.

The settlement with the Association of New Jersey Rifle & Pistol Clubs ends legal action that arose from a June 2000 flier sent home with students announcing a rally by Ceasefire NJ, a gun control group, to urge the state Legislature to pass a "smart gun" bill.

The Legislature approved the bill in December 2002. It requires that handguns sold in New Jersey be equipped with technology to prevent anyone but their owners from firing them once such technology becomes commercially available.

When Moms For Gun Safety, a group affiliated with the rifle and pistol association, asked to have a flier sent home opposing the legislation, their request was denied.

"This case is really about an attempt to manipulate young minds by presenting only one side of an issue and actively suppressing the other side," said Scott Bach, the association's executive vice president, who also serves on the board of the National Rifle Association. "This settlement sends a message to every publicly funded school in America: If you try to stifle debate on the Second Amendment, you're going to be held fully accountable."

Under the settlement, reached late Monday, the school district will distribute three leaflets promoting the association's education and training events for women and children.

The group also "will have access to the school system to conduct events, essay contests, grant scholarships and seek establishment of a student club," it said in a prepared statement.

Montclair Superintendent of Schools Michael Osnato said the school system erred in sending the flier home with students.

"It was distributed by mistake by us," he said. "We admitted that. They're absolutely right about the issue of constitutional protection, and that children should not be used as political tools by anybody."

The association and some Montclair parents filed a federal civil rights lawsuit against the Montclair schools in October 2001 in U.S. District Court. It accused the Board of Education of violating the right to equal protection under the law by failing as a public institution to give both sides of a debate an equal forum.

The school board's lawyer, Richard Bauch, said the association sought much more in its lawsuit than it received in the settlement, including use of the "Eddie The Eagle" gun safety curriculum promoted by the National Rifle Association.

Copyright © 2003, The Associated Press

 

[Nathaniel Firethorn]

Score: ANJRPC 1, PRNJ JBT's 68,523,971,406.

- pdmoderator

 

[Drizzt]

FIRST AMENDMENT VICTORY IN SUIT AGAINST SCHOOL BOARD

In a significant victory for the First Amendment, a lawsuit against the Montclair, N.J. Board of Education (School Board) brought by the Association of New Jersey Rifle & Pistol Clubs (ANJRPC) was resolved in a court-ordered settlement. The School Board acknowledged that it violated its own policies by distributing a flyer supporting anti-Second Amendment legislation, while refusing to distribute a flyer opposing the legislation.

The case began in June 2000, when the School Board distributed a flyer sent home in the backpacks of every student announcing a rally sponsored by Ceasefire NJ, urging that the State Assembly pass the then-pending “Smart Gun†bill. When Moms for Gun Safety (MGS), an ANJRPC affiliate, sought to have a similar flyer sent home for a rally opposing the legislation, the request was denied. MGS and the ANJRPC sued the School Board for violation of their right to free speech (First Amendment) and equal protection under the law (Fourteenth Amendment).

The settlement, a first of its kind in the country, guarantees that the School Board will treat pro-Second Amendment groups on an equal footing with anti-Second Amendment groups. It requires the School Board to distribute three leaflets to make up for past unequal treatment. The leaflets will promote ANJRPC’s 2003 education and training events for youth and women. In addition, the ANJRPC will have access to the school system to conduct events, essay contests, grant scholarships and seek establishment of a student club. If the School Board amends its policies in the future to bar such activities, they must be applied equally to all organizations.

Scott Bach, ANJRPC Executive Vice President and recently-elected NRA Board Member, who managed the litigation and its retained counsel, said, “This case is really about an attempt to manipulate young minds by presenting only one side of an issue and actively suppressing the other side. This settlement sends a message to every publicly funded school in America: If you try to stifle debate on the Second Amendment, you’re going to be held fully accountable.â€

Harry Kresky, ANJRPC lead counsel and First Amendment attorney stated, “The settlement represents a fair resolution, consistent with constitutional norms, of a situation that raises very controversial political issues. Through aggressive litigation, we’ve caused the School Board to take a long hard look at its policies.â€

Mr. Bach, concluded, “We’re gratified by this victory because it guarantees that every viewpoint will be heard – and that’s the essence of our democracy.â€

To view a copy of the settlement, click: Montclair Settlement.pdf

http://www.anjrpc.org/DefendingYourRights/MontclairPressRelease.htm

 

[Standing Wolf]

“This case is really about an attempt to manipulate young minds by presenting only one side of an issue and actively suppressing the other side. This settlement sends a message to every publicly funded school in America: If you try to stifle debate on the Second Amendment, you’re going to be held fully accountable.â€

Justice has been done.

 

[foghornl]

Well, at least the PRNJ Socialist got a wrist-slap.