No more CCW for School Employees and Students in Oregon.

[kd7nqb]

I wanted to update everyone on this Shirley Katz has lost her lawsuit against the Medford school district.

For those of you who are not fully up on the case she is a school teacher, Oregon state law says CCW is legal on school grounds. The school district had an employment policy that said otherwise. This also effects those of us which are College Students because now our Student Conduct codes can ban CCW.

PORTLAND, Ore. (AP) - An English teacher in Southern Oregon has no right to take her semiautomatic handgun onto school grounds, a judge said Friday in a ruling that may clarify a possible conflict between school policy and state law on concealed weapons.

Shirley Katz claimed she had a right to carry a handgun, as a defense against intruders or her former husband, despite Medford School District policy against teachers carrying weapons.

Her attorney, James Leuenberger, argued that only the Legislature, not local governments, can regulate firearms under state law.

But Jackson County Circuit Judge G. Philip Arnold ruled Friday that an ordinance is different from a school district employment policy for its teachers.

"The district has the right to enforce its policy," Arnold wrote to conclude his nine-page ruling.

State law does not prohibit carrying a gun in school if the owner has a concealed weapon permit issued by a county sheriff.

But the Medford School District has a policy that prohibits employees from carrying firearms. Teachers or staff could face disciplinary action or be fired for violating the policy.

Tim Gerking, the school district's lawyer, welcomed the ruling.

"Allowing staff to carry weapons into school buildings wouldn't enhance safety, it would only make it worse," Gerking said. "We'd have a completely new risk of accidental injuries as a result of these weapons."

Leuenberger said he planned to appeal.

"I think the judge obviously is wrong," Leuenberger said. "To make a big difference between a policy and an ordinance makes no sense. This is just an antigun decision."

Katz has said she obtained the Glock 9mm handgun - favored by many police departments - to protect herself against alleged threats from her ex-husband during their divorce in 2004. The ex-husband has denied the allegations, but a judge granted a restraining order against him that since has expired.

Arnold noted in his ruling that Katz's "personal problems are not a factor in deciding this case" and that, "likewise, the wisdom of the district's policy is not a factor ... the issue before this court is whether or not the state statute prohibits the district from having its policy ... ."

Most Oregon school districts have policies against guns on school grounds.

A spokeswoman for state school Superintendent Susan Castillo said Oregon Department of Education officials had not seen the ruling and could not comment.

(Copyright 2007 by The Associated Press. All Rights Reserved.)

Below is a link to the article.

http://www.katu.com/news/11155851.html

 

[gunsmith]

don't worry

Now as to the topic, the sky hasn't fallen yet. (She may win on appeal)
Oregon is still way better then what we have here in NV.
It looks like expulsion is the worse a student would face and firing for a teacher.
Here in NV it is a felony.

 

[Standing Wolf]

Arnold noted in his ruling that Katz's "personal problems are not a factor in deciding this case"...

In plain English: her life is of no value.

 

[Guitargod1985]

Sadly, carrying in a school facility in Florida is felonious as well. If it were simply against school policy, I'd do it. I mean, I do it at work.

 

[jpr9954]

Here is his bio from when he ran for re-election. Oregon has nonpartisan judicial elections and the had no opposition. You'd think a UTn law grad would be more pro-gun until you see the Peace Corps stuff. I hope Oregonians get a chance to replace this schmuck.

John



Judge of the Circuit Court

G. Philip (Phil)
Arnold

Nonpartisan

Occupation: Circuit Court Judge since 1997

Occupational Background: Twenty-five years practicing attorney; Executive Director Jackson County Legal Services; United States Peace Corps Volunteer and Associate Director in Nepal

Educational Background: B.A. Degree Lambuth College; Doctor of Jurisprudence University of Tennessee

Prior Governmental Experience: Circuit Court Judge Pro Tem Jackson County, Oregon; Ashland City Council 9 years; Ashland Budget Committee; United States Peace Corps Volunteer/Nepal; United States Peace Corps Associate Director/Nepal

Polly and I have been married 40 years. Our adult daughters, Shanti, Jackie and Belle are Ashland High School and U of O graduates. Our grandchildren, Lillie, Mathilde and Roman provide us great joy and occupy most of our spare time.

I have tried to perform my duties as Circuit Court Judge with impartiality, courtesy and a knowledge of the law. Every person appearing in court deserves to have his/her case decided strictly on the law and facts of his/her case. The law is an important cornerstone of a civilized society. I ask for the chance to serve the citizens of Jackson County for another term.

(This information furnished by G. Philip Arnold.)

 

[Titan6]

United States Peace Corps Volunteer/Nepal; United States Peace Corps Associate Director/Nepal

All we are saying
is give a piece a chance.

Well in fairness she could probably be fired for exercising certain first ammendment rights as well. You give up certain rights as a public servant. If she loses on appeal perhaps she could find a job in the private sector.

 

[CoinMan]

What's new? Another liberal judge legislating from the bench, ignoring the will of the people, promoting his lefty agenda.

"Allowing staff to carry weapons into school buildings wouldn't enhance safety, it would only make it worse," Gerking said. "We'd have a completely new risk of accidental injuries as a result of these weapons."

Yeah, you're right. That evil gun might jump out of it's holster and attack a young child. Or Ms. Katz may fall into a gun-induced rage and start shooting people willy-nilly.

I ask you though - how will school administrators "enhance saftey" if Ms. Katz' insane husband shows up in her classroom? I guess the principal could just give him a piece his mind, or send him a stongly worded letter. That should be enough to calm down a crazy estranged husband.

 

[CoinMan]

This is an obvious clue explaining Judge Arnold's lefty agenda:

"Polly and I have been married 40 years. Our adult daughters, Shanti, Jackie and Belle..."

Enough said.

I have tried to perform my duties as Circuit Court Judge with impartiality, courtesy and a knowledge of the law. Every person appearing in court deserves to have his/her case decided strictly on the law and facts of his/her case. The law is an important cornerstone of a civilized society. I ask for the chance to serve the citizens of Jackson County for another term.

Isn't there a law or something concerning the people's right to bear arms? Oh, I understand now. He's not really a judge - just another politician, saying one thing and doing the opposite.

"You'd think a UTn law grad would be more pro-gun until you see the Peace Corps stuff."

They guy probably detests where he came from. I'm sure he couldn't wait to get out of Tennessee, and move to Oregon where he could fight back against all of the "injustices" he had to endure as a young man.

I may be way off-base here, but I doubt it.

 

[jpr9954]

Too bad you can't Zumbo a judge off the bench. I'd donate money to anybody who was pro-gun that ran against him.

John

 

[2Lman]

Where it is not illegal in her state, it seems to me that her biggest mistake was saying anything about it. Perhaps it really is easier to beg for forgiveness than to ask permission.

Good concealment, and nobody would know. Unless she had to use it. Then, she would be alive to look for a new job.

 

[jpr9954]

Here is a link to the full text of his ruling:

http://www.ojd.state.or.us/jac/documents/Katz v. Medford School District 549C.pdf

 

[jrfoxx]

I think this will change on appeal.She works for a PUBLIC school, which is a PUBLIC building, and state law CLEARLY says that only the state legislature can regulate the carry of firearms in public and in PUBLIC buildings.If this were a private school, or some other private company, then yes, their building, thier rules, you can be fired if you work for them, or simply asked to leave if not ("no weapons" signs have NO force of law in OR.They can ask you to leave, and if you don't, you're trespassing, regardless of whether you have gun or not, makes no difference), but since its a PUBLIC buildng,she is protected by law and,since public school teachers are basically public servants, then I feel only the states rules should apply, as working for the state, city, etc is not the same as working for a private company,IMHO.
I hope she wins this.Also, James Leuenberger is considered THE top firearms/2A lawyer in the state (also a really nice guy, I contacted him and he gave me all his conact info, including 24hr cell number in case I ever need him -God frbid).He does TONS of work for the Oregon Firearms Federation (our state 2A group.Great people, hwo d A LOT to rtect OR gun owners.)

 

[kirkcdl]

Well,it actually doesn't affect students.The issue is whether her EMPLOYER can create a "Condition of Employment" that contradicts State law.Students are not employees,this has nothing to do with students.
Students,as well as the general public,are legal to carry on state supported school campuses.But her employer says no employees can be armed,big difference.

I don't intend to turn this into a Post Office discussion,but I work for the P.O.,and when I'm off duty,I can carry in the publicly-accessed areas of my P.O.,just not when I'm working,or in the employee-only areas.Yes,my Postmaster and I researched the hell out of it,and he is in agreement with my viewpoint on this,however,he'd fire me in an instant if I was in possession on the property while on duty.This is a condition of my employment.The worst the school district can do to her is terminate her for failing to adhere to employees policies,nothing more.

This is similar to the issues in Oklahoma a couple of years ago regarding employees having firearms in their vehicles on company property,that had nothing to do with customers,just employees...

 

[Lucky Strike]

Nothing wrong with the Peace Corps....the way some of you guys use the term you'd think it was a bad word.

I realize that if you polled all the people in it most would be anti-gun (which is a shame) but my good friend spent 2 years in Senegal teaching sustainable farming techniques and he's got plenty of guns. One of the things I regret in life is not doing 2 years in the Peace Corp after graduating college....i went right to work upon graduation. I might do it when I retire but when you're young (before buying a house and such) is really the time to do those things

 

[LightsOut]

Gotta agree with the judge on this one even though I hate the school policy.

 

[mcooper]

I'll be eagerly looking foreward to the appeal.

I feel like this rule and ruling denies her a right (as well as quite a few other folks) that it allows others. In my book that's not equal protection under the law.

 

[.cheese.]

Gotta agree with the judge on this one even though I hate the school policy.

What's the difference between allowing schools to prohibit it both for students and staff, allowing businesses to prohibit it both for customers and employees, and then moving on to allowing cities and states to prohibit it (or maybe I should have reversed this since the latter already exists)?

It's a matter of whether or not you can carry on your person a particular physical object that is inert by itself and protected by the constitution. Oregon law allows school carry.... why should anybody be able to say otherwise? Especially in the case of public schools.

Why it is even debated is silly in itself. VT and countless other incidents established that the people that you need to worry about aren't going to follow policy or the law. Allowing a school to enforce a policy that needlessly endangers students is insane. Especially when it hinders the ability of those who are responsible enough to look out for their safety to do so.

I disagree with the ruling.

 

[Dr. Peter Venkman]

Once again a judge decides to rule in favor of the crooks.

 

[Axctal]

So ... in the same spirit ... by the "authority" of school board
they can prohibit / ban blacks from teaching / entering ?

After all, it is their "policy" ...