The Sun (San Bernardino)

Judge blocks state from enforcing gun liability law

- By Alex Riggins San Diego Union-Tribune

A federal judge in San Diego has temporaril­y blocked California Attorney General Rob Bonta from enforcing a portion of state law that gave Bonta, local government­s and private citizens the ability to hold gun companies legally liable for gun violence.

U.S. District Judge Andrew Schopler issued a preliminar­y injunction late Wednesday afternoon in a 2023 lawsuit brought against Bonta by the National Shooting Sports Foundation, the largest firearms industry trade associatio­n.

The California law in question, known as the Firearm Industry Responsibi­lity Act, requires gun companies to take several steps to ensure they implement “reasonable controls” regarding gun safety. One of the key portions of the law requires gun companies to not “manufactur­e, market, import ... (or sell) a firearm-related product that is abnormally dangerous and likely to create an unreasonab­le risk of harm to public health and safety in California.”

The law gives Bonta’s office the power to sue gun companies that don’t comply with the law. It also gives local city and county government­s and survivors of gun violence the ability to sue noncomplia­nt gun companies.

Schopler’s injunction is narrow in that it bars

Bonta’s office, but not local government­s or private citizens, from filing such lawsuits while the legal challenge to the law is still pending. And it only pertains to the subsection of the law dealing with “abnormally dangerous” firearms.

Still, the trade group celebrated the injunction as a victory.

“We’re very pleased the court enjoined enforcemen­t of this statute,” Larry Keane, National Shooting Sports Foundation’s general counsel and senior vice president for government and public affairs, told the Union-Tribune on Thursday. “This is undoubtedl­y a very important

“outstandin­g customer service,” the lawsuit said.

But things changed when Waller was brought on as general manager of the San by ignoring her concerns Bernardino location in November about COVID-19 safety in 2021. the workplace,” said attorney “Defendant Waller Chambord BentonHaye­s, treated Nunez differentl­y whose Oaklandbas­ed due to her sexual orientatio­n law firm filed the and gender expression,” complaint. the complaint said.

Representa­tives with “Waller was rude, standoffis­h Red Lobster could not be and dismissive to reached for comment. Nunez, whereas he was

Nunez was employed by friendly and gregarious the seafood chain for 11 years, with other employees and working at locations in Monrovia customers.” and Ontario before beingtrans­ferredtoth­eSanBernar­dino The lawsuit alleges that, on or around December restaurant in April 2021, Waller denied a coworker’s 2021. request for time off

She built up a host of when she was ill and had loyal customers along the COVID-19 like symptoms. way, some of whom wrote He ordered her to continue letters to the company’s corporate to come to work because offices praising her the restaurant was and significan­t decision.”

Bonta’s office said in a statement that it was pleased the judge had found that the industry group lacked standing to pursue some of its challenges. As to the portion of law it was enjoined from enforcing, the attorney general’s office said, “We disagree with that aspect of the court’s ruling and are considerin­g our options for continuing to defend this important law.”

The National Shooting Sports Foundation’s lawsuit alleges that the Firearm Industry Responsibi­lity Act violates the First Amendment, Second Amendment and other constituti­onal

Feb. 16 Insufficie­nt hot short-staffed — a decision that “exposed other employees and customers to the virus,” the action said.

When Nunez complained that Waller had comitted an OSHA violation, he ignored it and subsequent­ly placed her on an unpaid suspension, the lawsuit states.

The complaint further alleges Waller allowed another employee to park in a no-parking zone in front of the restaurant but yelled at Nunez in front of coworkers, customers and Reder when she attempted to park there.

Waller sent her home for insubordin­ation and Reder failed to intervene or comment on Waller’s “discrimina­tory, unprofessi­onal and hostile behavior toward Nunez, the action claims.

Nunez filed a workers’ compensati­on claim in July rights. Schopler did not rule on the constituti­onality of the law, but he ruled that the trade group is likely to prevail on the merits of the case, or at the very least had raised serious questions about the merits.

The judge wrote that the National Shooting Sports Foundation’s “surest march to victory is under the banner of the dormant Commerce Clause,” which essentiall­y bars states from regulating commercial activity that takes place outside that state’s borders.

He laid out an example in which a Tennessee gun manufactur­er ships “youth-model rifles and AR-style long guns” —

— Ian Wheeler

2022 for stress, anxiety and psychologi­cal trauma but was “discrimina­torily and retaliator­ily” fired four days later, the lawsuit said, adding that her employment records were later destroyed.

“What happened to me at Red Lobster showed me that prejudice still has a seat at the table, even at a national chain that pretends to be about warmth and hospitalit­y,” Nunez said in a statement. “I’m fighting back, not just for my own sake, but to challenge a system that allows discrimina­tion to infect the workplace.”

The lawsuit seek unspecifie­d damages for past and future wage losses and economic losses incurred in filing the lawsuit, along with punitive damages and attorney fees. which meet California’s definition of abnormally dangerous — to an Arizona gun retailer, who then sells those firearms to an Arizona buyer.

“Hours later, a thief steals the firearms and drives into California to commit a gun crime,” the judge wrote in his hypothetic­al scenario. “Although the commercial transactio­ns were conducted entirely out of state — and the lawful participan­ts never set foot in California — the Tennessee manufactur­er and Arizona retailer could both be sued under the ‘abnormally dangerous’ firearm provision.”

Wrote Schopler: “Because the ‘abnormally dangerous’ firearm rule reaches beyond California’s borders and directly regulates out-of-state commercial transactio­ns, it likely runs afoul of the dormant Commerce Clause.”

Federal law largely shields gun manufactur­ers and dealers from lawsuits when their products are used in a crime. The California law now being challenged was modeled after a similar New York law aiming to bypass the federal regulation­s. The National Shooting Sports Foundation is also challengin­g the New York law.

The California law was also part of a response by Gov. Gavin Newsom to a Texas law that bans most abortions after about six weeks and gives private citizens the ability to sue providers and clinics as a tool to help enforce it. When the U.S. Supreme Court upheld the Texas law in late 2021, Newsom pledged to use that same authority to empower California­ns to sue gun makers.

“California will use that authority to protect people’s lives, where Texas used it to put women in harm’s way,” Newsom said in a statement at the time.

State Assemblyme­mber Chris Ward, D-San Diego, co-authored the original legislatio­n. In a statement Thursday, he said it’s a sensible law and expressed frustratio­n that the judge’s ruling would “(allow) gun manufactur­ers to escape accountabi­lity for the horrible harms their products have caused.”

Ward called the ruling erroneous and said it should be appealed.

“The firearms industry is the only of its kind that is exempt from being sued,” Ward said in the statement. “Litigation forced the tobacco industry from marketing to children and made the automobile industry improve its safety standards. Gun manufactur­ers should not be immune from any and all liability.”

Keane, from the National Shooting Sports Foundation, said his organizati­on would be prepared to challenge any appeal and is seeking to move forward to have the law declared unconstitu­tional.

 ?? ANDREW SELSKY — THE ASSOCIATED PRESS ?? A federal judge in San Diego has blocked the state from enforcing a portion of a law that gave California Attorney General Rob Bonta, local government­s and private citizens the ability to hold firearms companies legally liable for gun violence. Here, firearms are displayed at a shop in Salem, Ore., in 2021.
ANDREW SELSKY — THE ASSOCIATED PRESS A federal judge in San Diego has blocked the state from enforcing a portion of a law that gave California Attorney General Rob Bonta, local government­s and private citizens the ability to hold firearms companies legally liable for gun violence. Here, firearms are displayed at a shop in Salem, Ore., in 2021.
 ?? ?? Charleys Philly Steaks, 1611 S. Riverside Ave., Suite A, Rialto
Feb. 15
Sewage overflow Sources: Riverside County Department of Environmen­tal Health, San Bernardino County Department of Public Health
This list is published weekly with closures since the previous week’s list. Status updates are published the following week.
Charleys Philly Steaks, 1611 S. Riverside Ave., Suite A, Rialto Feb. 15 Sewage overflow Sources: Riverside County Department of Environmen­tal Health, San Bernardino County Department of Public Health This list is published weekly with closures since the previous week’s list. Status updates are published the following week.
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