Utah Attorney General Mark Shurtleff’s office is convinced that the U’s no-gun policy is illegal according to Utah laws.
That’s too bad for now, at least until a ruling is made on the U’s “friendly” lawsuit, which was recently filed in state courts, according to U Vice President for University Relations, Fred Esplin.
The lawsuit was originally filed on the federal level on two fronts: First, administrators reason the Constitution and laws in Utah “give us the authority to create these kinds of policies,” and second, even if the state regulations don’t allow it, the First Amendment of the U.S. Constitution protects academic freedom, which is compromised by guns on campus, Esplin said in an earlier interview.
However, after months of anticipation, U.S. District Judge Dale Kimball made a decision to throw jurisdiction back to the state before he would make a ruling at the federal level.
Both U administrators and the Board of Trustees were left with the decision of whether or not to file the suit in Utah.
With unanimous approval from the Board of Trustees on May 12, the lawsuit was filed in state courts on the same day. The move was anticipated by Shurtleff’s office, according to Paul Murphy, Shurtleff’s spokesman.
“It was what we were hoping for…We’re dealing with a Utah issue and a Utah judge should decide it,” Murphy said.
It may take months before the trial, which would be to decide “whether we [the U] have authority to make rules regulating guns on campus,” is presented to Judge Robert Hilger of Utah’s 3rd District Court, Esplin said.
When it does, however, there are a few scenarios which could take place.
Regardless of who wins the case, it would be appealable, first to the Utah Court of Appeals, and then to the Utah Supreme Court.
If the U were to win the case and any appeals made at the state level, the issue would be dead and the U’s policy deemed as constitutional by Utah’s laws, Esplin said.
However, if the U looses the legal battle, then one of the choices administrators have to make is whether or not to appeal on the state level. The second choice is to file again at the federal level for a ruling on the question of any infringement upon First Amendment rights by the presence of concealed weapons on campus.
“If we lose, we have to decide…you can do both. We may need to do both,” Esplin said.
According to Murphy, Shurtleff’s office has not tackled the issue of whether or not First Amendment rights are compromised by guns on campus.
Instead, he says the Utah State Legislature, not the U, has the authority to create a no-gun policy.
“If the people at the U don’t like the law, they should go to the legislature,” Murphy said.