Michigan Information & Research Service Inc.
Michigan Information & Research Service Inc.

Gun Groups' TRO Request Against Legislature Denied

04/20/23 09:22 AM By Team MIRS

(Source: MIRS.news, Published 04/19/23) A Court of Claims judge denied two gun groups’ request for a temporary restraining order against the state Legislature for allegedly violating the Open Meetings Act.

  

Judge Thomas Cameron held that the plaintiffs failed to establish an immediate and irreparable injury; failed to identify what the House and Senate’s specific rules are and how they violated them under the OMA, which allows the Legislature to create rules regarding the way and time frame for public comment.

  

“The requirement that a public body allow individuals attending the meeting to address the public body is not absolute, however,” the Tuesday order reads. “. . . Plaintiffs have failed to identify what defendants’ specific rules are and how defendants violated them.”

  

Cameron’s order, which notes the gun groups also failed to show irreparable harm, does not close the lawsuit.

  

Michigan Open Carry and Great Lakes Gun Rights claimed in their suit that the House and Senate leadership violated the OMA by not giving them and like-minded gun rights advocates the ability to speak at public hearings against 11 pending firearm bills.

  

However, Tom Lambert, of Michigan Open Carry, did testify March 22 before the House Judiciary Committee. Both organizations also were able to submit testimony cards at all meetings and had the opportunity to submit written testimony.

  

In its opinion and order, the Court said the “meetings at issue have occurred over the span of nearly two months, and so plaintiffs have had ample time to file this lawsuit and provide defendants with notice of their request for injunctive relief.” 

Team MIRS