Saturday, March 11, 2000
Ruling keeps gun fight alive
Judge to meet with sides next month
BY DAN HORN
The Cincinnati Enquirer
The city of Cincinnati won a court ruling Friday that allows it to continue its legal battle with gun manufacturers.
The ruling was a setback for Councilman Charlie Winburn, who sued the city last month in an attempt to prevent more spending on the gun lawsuit.
Common Pleas Judge Norbert Nadel rejected Mr. Winburn's request for a temporary restraining order that would immediately block the lawsuit.
Instead, the judge agreed to meet with the two sides again next month to discuss the issue in more detail.
“This is certainly a very unique request,” Judge Nadel said. “This is uncharted legal water.”
Although the city lost its gun suit in October, it has appealed. Mr. Winburn says the appeal is a waste of money.
The city sued the manufacturers last year in an attempt to recover damages related to gun violence.
The lawsuit claimed that manufacturers were negligent in their design of handguns because they failed to include adequate safety devices.
The city — one of 30 across the country to file such a lawsuit — lost its case in October when Common Pleas Judge Robert Ruehlman threw it out.
Judge Ruehlman said the misuse of firearms is beyond gun makers' control, and rejected the city's claim that manufacturers were negligent.
After Judge Ruehlman's de cision, Mr. Winburn urged council members not to appeal the ruling. Council, however, voted to continue the case and to fund it with the $100,000 it had set aside for legal fees.
Mr. Winburn's attorney, David Buda, said the gun lawsuit is unconstitutional because it seeks to punish manufacturers for producing a legal product.
“We have a government seeking to diminish a constitutional right, and using the public treasury to boot,” Mr. Buda said. “This is a raid on the city treasury for what is basically a joust at a windmill.”
The city's attorney, Michael Barrett, said Mr. Winburn is trying to use the courts to change a council vote he didn't like.
Mr. Barrett said the city has authority to pursue the gun case and should be allowed to do so. “They're asking you to do an end run,” Mr. Barrett told the judge.
The judge refused to immediately block the lawsuit but agreed to hear more arguments next month.
Mr. Winburn took the defeat in stride, saying he would continue to fight the city in court. He said he also will try to stop the appeal with another vote in City Council.
He said he's still one vote short of the five he needs to kill the city's lawsuit, but he's going to work on changing the minds of his fellow council members.
“This is not over,” Mr. Winburn said.
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