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.
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.
In court papers, Gerking argued there is no law conferring rights that override school policy, and until Katz breaks the policy, there are no grounds for a lawsuit.
Noting that Katz filed papers saying she would be willing to carry her gun to school if necessary, and the school district responded it would call police to search her if it had reason to believe she was armed, Judge Arnold dismissed the school district’s motion that Katz had no grounds to sue.
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