Several Monroe County, Iowa officers thought it was a good suggestion to sue a gun rights group and one particular person over their righteous problem to some unlawful gun-free zones which have been established on county property. Now the litigious officers are dealing with a counterclaim for violating the civil rights of members of the Iowa Firearms Coalition and Mr. Thompson.
It all began with a powerful firearm preemption legislation that passed (along party lines) in the Iowa legislature and was signed into legislation final June. Anti-gun politicians and Moms Demand Action sorts freaked out, worrying that they is perhaps held personally responsible for infringing on peoples’ Second Amendment rights.
Some officers in Monroe County apparently thought they had been above the legislation, although, and designated some county properties as off limits to gun carriers. Some people, together with J.D. Thompson, together with the Iowa Firearms Coalition challenged these officers publicly.
In response, a few of these public officers filed go well with towards Thompson and the IFC, looking for an order requiring that Thompson and the IFC pay for the county’s authorized prices in defending towards the go well with over the county’s unlawful actions.
We don’t know if the Monroe County’s Board of Supervisors consulted anybody at Dewey, Cheatham and Howe regarding their authorized technique, however that call to sue non-public residents looking for to carry their elected officers accountable for violating the legislation might have simply backfired. Bigly.
The IFC and Mr. Thompson have now filed a counterclaim. They are looking for to carry the county officers personally liable in addition to the Monroe County Board of Supervisors of their official capability.
In different phrases, the counterclaim seeks to make it private towards the mind belief that thought it a good suggestion to sue residents for demanding that Monroe County keep track of the rule of legislation.
Des Moines – After submitting a lawsuit towards the Iowa Firearms Coalition (IFC) and Albia resident J.D. Thompson, Monroe County now finds itself a named defendant in counterclaims that may doubtless show pricey to the county.
Following separate inquiries to the county about potential violations of a firearms preemption legislation handed in 2020, Thompson and the IFC discovered themselves named as defendants in a lawsuit filed by Monroe County on February 23, 2021. The county’s lawsuit seeks a declaratory judgment concerning the legislation and asks for an order that Thompson and the IFC pay their legal professional charges.
Thompson and the IFC’s reply, filed on March 11, 2021, contains counterclaims towards Monroe County and several other Monroe County officers, together with the supervisors of their particular person capacities.
“We look forward to pushing back against this abuse of power by Monroe County officials and vindicating the legal rights of J.D. and the Iowa Firearms Coalition,” mentioned IFC legal professional William Gustoff. He continued, “Every Iowan has the right to ask questions of public officials, and especially to question an illegal policy, without the fear of being sued for doing so or having to hire an attorney for petitioning government.”
H.F. 2502, signed by Gov. Kim Reynolds on June 25, 2020, prohibits political subdivisions from banning firearm possession in buildings until safety screening and armed guards are offered. Monroe County prohibits firearm possession in all areas of the courthouse, even in areas that aren’t used for judicial department capabilities. Thompson alerted county officers that their coverage violates Iowa legislation after which, receiving no response from the county, wrote a letter to the editor of the native newspaper on the matter. The IFC seems to have been sued as a result of it was talked about by Thompson as a supply of data and since one other IFC member despatched his own inquiries concerning the coverage to the county.
“Monroe County’s decision to sue someone because he simply asked his local government to follow the law is truly outrageous,” mentioned legal professional Alan Ostergren. “The Monroe County board of supervisors voted to sue an individual because he wrote them a letter and sent a letter to the editor of the local paper. We will ask the court to hold them accountable for their unconstitutional actions” Ostergren added.
Thompson and the IFC’s counterclaims request affirmation that Monroe County’s firearms coverage violates Iowa legislation and assert that Monroe County and its board of supervisors violated their civil rights by retaliating towards them for exercising rights protected by the U.S. and Iowa Constitutions. Thompson and the IFC declare the county sued them to infringe on their rights to have interaction in free speech, petition the federal government, train freedom of affiliation, and peaceably assemble. Additionally, they assert that the county and the sheriff violated Iowa legislation by releasing confidential details about Thompson’s possession of a allow to hold hid weapons. The events search damages and legal professional charges, as offered in federal and state legislation for such violations.
The counterclaims embody a request that Monroe County board of supervisors Dennis Amoss, John Hughes, and Michael Beary be held personally responsible for punitive damages for retaliation in violation of the Iowa Constitution.
Thompson and the IFC are represented by Des Moines attorneys William Gustoff and Andrew Karas of Hagenow & Gustoff LLP and Alan Ostergren of Alan R. Ostergren, P.C. They report that discussions earlier this week with the legislation agency defending Monroe County on the counterclaims had been transient and never productive find a decision.
Clearly, we’ll keep track of this case and report on the updates.
And for pushing again twice as arduous towards would-be tyrants who had been ignoring the rule of legislation, we imagine the Iowa Firearms Coalition and JD Thompson have earned our Gun Heroes of the Day award. In truth, we’d have to provide them a Gun Heroes of the Year award in the event that they handle to stroll away with an award for private damages from the named supervisors along with money from the county itself.
It’s long gone time to carry a few of these political leaders who willfully ignore the legislation personally liable for their unlawful edicts that infringe on their fellow residents’ gun rights.