Teacher’s gun lawsuit advances

MEDFORD, Ore. – English teacher Shirley Katz won the first round of her legal bout for the right to carry a pistol onto school grounds when a judge said Thursday he would not dismiss the case, but would rule on her lawsuit against the school district.

Jackson County Circuit Judge G. Philip Arnold said he would issue a written opinion on Katz’s claim that Medford School District policy prohibiting teachers from carrying weapons on school grounds violates state law.

Katz, who has a concealed-weapons permit, filed a lawsuit challenging the school policy. The South Medford High School teacher says she wants to carry her 9 mm Glock automatic pistol to class because she fears an attack by a Columbine-style intruder or her former husband.

“On any given day, we would be naive to not acknowledge there are guns in schools,” Katz said after the hearing. “I am just the first one with a concealed-carry permit” to come out in public.

In court, Katz’s attorney, James Leuenberger, argued that state law clearly allows holders of concealed-weapons permits to carry guns into public buildings, including schools, and the Legislature did not intend to give cities, counties or school districts power to regulate guns.

“The idea that having a gun-free zone makes a safe zone is a fallacious theory,” Leuenberger said.

School district attorney Tim Gerking countered that the school district policy does not fall under the Legislature’s prohibition on local governments from enacting their own ordinances regulating firearms, because it only applies to employees and not the general public.

If Katz wins, “school districts and other bodies could be reduced to armed camps,” Gerking said. “District officials could be blamed for firearms accidents on campus.”

Katz has said she bought her pistol in 2004 and took training classes after her husband at the time, Gerry Katz, grabbed her by the throat and threatened to kill her – an allegation he denies. They divorced and share custody of their 6-year-old daughter. A restraining order against him has expired and not been renewed.