Man who carried gun into Clio elementary school sues, claims his rights violated :: 03/06/2015

VIENNA TWP, MI -- The father of a Clio elementary student has filed a lawsuit claiming the district violated his right to openly carry a firearm into his daughter's school.

Kenneth Herman filed the lawsuit Thursday, March 5, in Genesee Circuit Court against the Clio Area School District claiming he was denied access to Edgerton Elementary multiple times while attempting to pick up his daughter because he was open carrying a pistol.

The dispute between Herman and the district gained attention in September 2013 after Genesee County Sheriff's deputies were dispatched to the school when Herman showed up at the school to pick up his daughter while carrying his gun.

A sheriff's deputy was called to the school -- at least in part at Herman's suggestion -- just as school was letting out for the day. The deputy spoke to Herman and no arrest was made.

"The father certainly had a right to be in the building," Genesee County Sheriff Robert Pickell said after the incident.

State law prevents people from carrying concealed firearms on school property. However, the law allows individuals with a concealed pistol license to openly carry their firearms in schools. Herman claims he is a CPL holder.

School officials could not be reached for comment on the allegations. They had not yet been served with the lawsuit.

Former Clio schools Superintendent James Tenbusch said in September 2013 that the district adopted the philosophy of being a drug-free, weapon-free environment and that it understands state law and the U.S. Constitution allow firearms to be openly carried on school property.

He had said the district has the right to ask individuals to leave the school if they disrupt the academic process.

Tenbusch said following the incident the school goes into lockdown when a weapon is found on its property, and those lockdowns cause a disruption in the school. He said those disruptions justify the district's demand that those with weapons leave.

Phillip Hofmeister, president of Michigan Open Carry, disagreed with the district's assertion that it can ask people legally carrying firearms to leave district property because of disruptions.

Hofmeister pointed to a 2012 Michigan Court of Appeals ruling involving his organization -- which is also named as a plaintiff in Herman's case -- and the Capital Area District Library that ended the library's ban on guns inside its Lansing-area branches.

He said the ruling emphasized that local units of government, which Hofmeister claimed would include school districts, are required to follow state law when it comes to regulating guns, and that the Clio School District's anti-gun policy does not comply with the court's decision.

"We look forward to this opportunity to help expand and protect the rights of every person in Michigan who carries a firearm to protect themselves and others," Hofmeister said.

The lawsuit claims Herman met with school administrators after the September 2013 incident and discussed the school's policy. He also questioned a sign the district had posted at the school that said the building was a "drug free gun free school zone" and that violators would face federal, state and local criminal penalties.

The district agreed to change the sign, amending it to say the building was a "drug free and weapons free zone" and to inform CPL holders that they would be asked to leave if they chose to open-carry firearms on the property.

Herman claims in the lawsuit that he was denied access to the school multiple times following the meeting with the district, and administrators threatened to file criminal trespass charges against him if he attempted to enter school grounds carrying a weapon.

"As a parent and concealed pistol license holder, I choose to utilize certain resources for protection," Herman said. "One such resource is a pistol. This is a personal choice and one that all parents may not make. However, the choice to carry a pistol for the protection of my loved ones, myself and those around me is protected by both the U.S. and Michigan constitutions. In addition, Michigan law states that no local entities may restrict such rights."

He added that he felt the district abused the 911 and emergency response system by calling for police while he was at the school.

The suit is asking a judge to prevent the district from banning Herman from the school grounds and prevent the district from enforcing its gun ban.

No court dates have been scheduled in the case.

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