Judge rules Ann Arbor school district can ban guns

Ann Arbor Public Schools can continue to ban guns in schools, a judge ruled today — dismissing a lawsuit that challenged newly adopted policies in the district.

The decision conflicts with one last month in Genesee County, where a judge ruled that Kenneth Herman, a parent in the Clio School District, has a right to openly carry his gun at his daughter's school. The Clio district is appealing.

The group that filed the suit against the Ann Arbor district says it also will appeal today's ruling — likely setting up a battle at the appellate level given the contrary decisions. It may also put pressure on the Legislature to address the issue.

The debate is deepening the conflict between gun rights advocates who say state law is on their side and school officials who say banning guns in schools is key to ensuring the safety of their students.

Washtenaw County Circuit Judge Carol Kuhnke made today's ruling after a hearing in which the Ann Arbor district asked her to dismiss a lawsuit filed against the district by Ann Arbor parent Ulysses Wong and Michigan Gun Owners, a group that seeks to educate the public about responsible gun ownership and defend gun rights. The lawsuit was filed after the district's Board of Education enacted policies that ban guns from all school district property.

"We're very grateful that the judge saw the merits in the argument," Ann Arbor Superintendent Jeanice Swift said after the hearing.

The ruling displeased those who had filed the lawsuit.

"I think the judge decided to ignore state law and do what she wanted to do anyway," said Jim Makowski, the attorney for Michigan Gun Owners. "We will appeal."

Wong, in a recent interview, said he got involved in the lawsuit because he believes the district is creating policies that are "outside of the power they have."

State law allows those with a concealed pistol license to openly carry a gun on school grounds. The law also allows parents with a license to have a concealed weapon in their vehicle when dropping off or picking up their children from school.

But the district had contended that the state's school code and federal guidelines require it to ensure the safety of students. The district banned guns on all school property after an incident in which the relative of a student attended a school event while openly carrying a weapon — touching off intense debate in the district.

The new policies, adopted in April, also require school officials to go into emergency mode if a dangerous weapon is spotted, and establish all district property as dangerous-weapon-free zones.

At the time, board President Deb Mexicotte said the board "is resolute in our commitment to both our current policies and to the safe and disruption-free learning environment we must maintain on behalf of our students."

Wong said he wasn't surprised by the judge's ruling, though he believes "it should have gone our way."

Regardless of how the judge ruled, he said, "there was going to be an appeal."

But he's confident going forward.

"There's no reason to believe that the same Court of Appeals that ruled in the CADL (Capital Area District Library) case will rule any different this time," Wong said.

Wong was referring to a similar lawsuit brought against the Lansing library by Michigan Open Carry. The group, along with Herman, filed the lawsuit against the Clio district. The Michigan Court of Appeals, in a 2-1 decision, ruled in 2012 that libraries can't ban the open carry of weapons.

Contact Lori Higgins: 313-222-6651, lhiggins@freepress.com or @LoriAHiggins