NEWS RELEASE
Second Amendment Foundation
12500 NE Tenth Place, Bellevue, WA 98005
(425) 454-7012 FAX (425) 451-3959
http://www.saf.org
For Immediate Release Contact: Alan
Gottlieb
(425) 454-7012
MAYORS FACE LAWSUIT FILED TUESDAY BY GUN OWNER GROUP
WASHINGTON, DC (Tuesday, November 30, 1999) - The Second Amendment Foundation (SAF), a firearms civil rights legal defense, research and educational organization, has filed a federal lawsuit today in Washington, DC against the U.S. Conference of Mayors (USCM) and certain individual mayors for conspiracy to violate civil and constitution rights, including the First, Second and Ninth Amendments, as well as the creation of undue burden on lawful interstate commerce.
"We warned both the USCM and individual mayors of our intent to defend our rights and those of millions of law-abiding Americans. We gave them every opportunity to cease and desist their warrantless attacks," stated Alan Gottlieb, SAF founder. "Now, they are being sued; while their meritless and frivolous lawsuits are being dealt serious blows in the courts."
The city of Cincinnati earned the dubious distinction of being the first city to be derailed in their attack against firearm manufacturers, distributors and trade associations. The Court firmly held that the lawsuit was both vague and unsupported by legal precedent. A large portion of the Atlanta lawsuit was also dismissed with serious doubts surrounding the remaining portion of the suit. In addition, a ruling in the Bridgeport lawsuit is expected in the next few weeks.
"As more and more of these city mayors' suits are dismissed, the more it looks like these suits were only intended to financially injure gun owners and the federally licensed producers and sellers of firearms," stated Gottlieb. "In addition, the USCM readily admits that they are seeking legislation in the courtrooms, which is a clear violation of the separation of powers upon which our great country was founded. This is cause to hold individual mayors and the USCM responsible for their conspiratorial and unconstitutional assaults on law-abiding people."
The SAF lawsuit alleges three counts against the groups. Count 1 is for violation of lawful interstate commerce. The mayor's legal challenges have already forced several gun makers to declare bankruptcy, severely downsize their product lines, and/or raise firearm prices, thus hurting consumers - including taxpayer-funded federal, state and local law enforcement agencies - all across the country. Count 2 is for violation of First Amendment rights. The mayor's lawsuits have prevented the gun manufacturers from educating consumers about their products out of fear of seeing ads in the courtrooms, not to mention that many of the mayor's lawsuits are trying to eliminate or severely curtail the ability of running ads on firearm products in general. Count 3 is for violation of the Second and Ninth Amendment rights. The Second Amendment is an individual right to keep and bears according to the recent United States v. Emerson, 46 F.Supp.2d 598 (N.D. Tex. 1999). The mayor's attempt to abridge the right to keep and bear arms by putting gun makers out of business causes a violation of the individual's means to self-defense which is recognized in every courtroom and falls under the Ninth Amendment rights.
Attorney Richard Gardiner, a well-known Washington, D.C. firearms civil rights attorney, is the lead attorney working this case against the mayors. In addition to Cincinnati, Atlanta, and Bridgeport, the cities affected by the lawsuit are Boston, Los Angeles, Miami, Newark, New Orleans, Chicago, Cleveland, Detroit, San Francisco, Berkeley, Sacramento, Oakland, East Palo Alto, Compton, West Hollywood, Inglewood, Camden, Wilmington, Gary, and St. Louis.
"The mayors are on notice that their lawsuits will not be free," said Gottlieb. "The Second Amendment Foundation and gun owners across the country will make them accountable for attempting to steal in the judicial branch what they have failed to rob in the legislative branch."
The Second Amendment Foundation is a tax-exempt education, legal defense and publishing organization founded in 1974 and has over 600,000 individual citizen supporters nationwide. It previously has funded successful firearms-related suits against the cities of Los Angeles, New Haven, CT, and San Francisco on behalf of American gun owners.