So a bit later than anticipated, but…
As set forth in the precedent setting opinion of Capital Area District Library v. Michigan Open Carry, Inc, school Districts are barred from making rules forbidding the lawful carry of a pistol. Yet, many districts throughout the state continue to do so with illegal policies and bullying. Michigan Open Carry, Inc (MOC) has partnered with Kenneth Herman to file suit against Clio Area Schools (CAS). Mr. Herman is a dues paying member of MOC.
Starting in 2013, Mr. Herman has, and continues to be, aggrieved by CAS. His constitutionally guaranteed right to self defense has been chilled as a result of threats of arrest and criminal prosecution should he not comply with CAS’s unlawful policy related to firearms. As a result of these unlawful actions on the part of CAS, he has been unable to defend himself while attending to business or other functions at his daughter’s school.
It is our hope that this case may ultimately be appealed to the Michigan Court of Appeals so the matter may set precedent that will guide the policies and actions of other school districts and law enforcement throughout the state.
This lawsuit comes on the heels of Michigan Open Carry, Inc working successfully with several other, more cooperative school districts to modify their firearm policies to bring them into compliance with State Law.
According to Mr. Herman, his daughter’s teachers have taken it upon themselves to mention his self defense choices in class to all the other students, possibly to incite ridicule amongst her peers.