Dumb lawsuit
Nashville Attorney David Randolph Smith officially will file a lawsuit Wednesday challenging the guns in bars legislation passed by state Legislators a few weeks ago.
[…]
The plaintiffs will allege that the bill is illegal on eight counts. Among them being, that the law is an unlawful public nuisance that threatens the life, health and safety of the public, as well as violating due process and increasing civil liability for the restaurants.
Plaintiffs claim it also violates Tennessee’s Occupational Safety and Health Act that expressively requires as a matter of federal and state law that employers provide a safe work place for employees. While a permit holder cannot drink alcohol while carrying a loaded weapon in a bar or restaurant, the new law doesn’t stop that person from having previously consumed alcohol.
You’ll recall that the lawyer in this case was the one who did the extensive legal research that Nate Rau claimed debunked the statement that 40 states allowed carry where alcohol was served. And you’ll also recall that it’s bullshit (see here, here, and here). Anyway, this lawsuit’s chance of success is about zero. State has broad discretion in regulating guns and restaurant owners can put up signs prohibiting carry.
I’m glad they’re doing this instead of something.
July 1st, 2009 at 9:44 am
BRING IT ON! The PEOPLE of TN not the politicos, but the PEOPLE that they are ELECTED to REPRESENT mandated this bill go forward. I watched some of the debate and MANY of the reps that were against this bill stood up and said that they had OVERWHELMING response in thier offices and had to vote for the bill for fear of being un elected(this is how it supposed to work for those of you who dont know)so this self rightous idiot who takes it upon himself to save us all had better do the research before he jumps on or he might get some TAR AND FEATHERS. I have had TAR AND FEATHERS ON MY MIND A LOT HERE LATELY:O)
July 1st, 2009 at 10:07 am
“I’m glad they’re doing this instead of something.”
That is a great line. I’ll have to remember that.
July 1st, 2009 at 11:12 am
I propose an “Open Carry Day in the Village” for all law-abiding citizens.
Watching a personal injury attorney mouthpiece for a wanna-be commissioner bar owner that sells booze to people who drive, while categorically calling law-abiding permit holders “vigilantes” is laughable.
This is what I call the patent May-Town-Metro-Center-Repeat-Lunacy that made everyone move to Williamson County.
July 1st, 2009 at 3:12 pm
“Plaintiffs claim it also violates Tennessee’s Occupational Safety and Health Act that expressively requires as a matter of federal and state law that employers provide a safe work place for employees”
I appears to me that if employers are making/keeping their employees defenseless and vunerable to criminal attacks by not allowing them to carry the means to protect themselves then they’re violating the law that says that they MUST provide a SAFE workplace.