By Gregory Korte
The Cincinnati Enquirer

This story appeared in some editions of Wednesday's Enquirer. Council Wednesday voted to drop the lawsuit.

Lawyer Stanley M. Chesley told Cincinnati City Council this week that he could not justify moving forward with the city's 4-year-old lawsuit against the gun industry, dealing a major disappointment to gun control advocates.

Cincinnati's lawsuit accused 25 gun makers, distributors and trade groups of marketing guns in such a way that they were destined for children and criminals.

The case, City of Cincinnati v. Beretta U.S.A. Corp., was at the forefront of about a dozen similar lawsuits across the country. It survived an appeal to the Ohio Supreme Court, several City Council resolutions to kill it and even a taxpayer attempt to block it.

But Tuesday, Chesley told City Council that it should concede defeat.

Chesley cited a bill pending in the U.S. Senate and already passed by the House that would give the gun industry immunity from all suits, past and future. The lawsuit has similar legal hurdles put up by the Ohio General Assembly.

And most important, Chesley said, the litigation was beginning to tie up police officers in thousands of hours of depositions and evidence gathering. Sixty-five police officers and other city employees had depositions scheduled, beginning Tuesday.

City Council will vote on a resolution to drop the lawsuit today.

Republican Chris Monzel called Chesley's action "a great victory for common sense all around," while Democrat David Pepper called it "a sad statement" about politics.

"If we do pull out, it's because we can't muster the strength to fight a very powerful industry," Pepper said.

Still, gun control advocates say, the Cincinnati case made significant contributions to the fight. Documents obtained in the evidence-gathering phase will no doubt contribute to other lawsuits, and the victory in the Ohio Supreme Court remains significant, they said.

"There is an intangible effect that this lawsuit has had, and that is that the gun industry recognizes that there is some pressure the other way," Chesley said.

Chesley's firm worked with defense lawyer Michael Barrett, chairman of the Hamilton County Republican Party, in representing the city. Tuesday, they agreed to waive their right to collect up to $100,000 set aside for their expenses.

E-mail gkorte@enquirer.com