Judge allows lawsuit against Lebanon ordinance permitting firearms in council chambers to move forward
A taxpayer lawsuit challenging a Lebanon ordinance that allows state-issued concealed carry license holders to bring handguns into the city building can move forward, a Warren County judge ruled earlier this week.
Common Pleas Judge Timothy Tepe denied the city's motion to dismiss the lawsuit in a decision handed down on Monday, according to court documents.
Lebanon City Council enacted the ordinance in March 2020, giving license holders permission to carry firearms into the city building during council meetings and other periods. The city previously had a rule that expressly banned the carrying of weapons into council chambers.
Three Lebanon residents – Carol Donovan, David Iannelli and Brooke Handley – filed a complaint against the city of Lebanon on March 31, alleging the ordinance conflicts with state law, which prohibits concealed carry in government buildings that contain court rooms.
The residents are represented by Everytown Law, the litigation arm of the nonprofit Everytown for Gun Safety, and the Lebanon-based law firm Gray & Duning.
"The potential presence of concealed handguns introduces a risk of physical harm and armed intimidation, particularly in a setting where vigorous discussion on hot button issues can cause tempers to flare," the complaint reads.
However, attorneys for the city argue the ordinance doesn't violate state law as concealed carry is still prohibited when the municipal court is in operation, according to the motion to dismiss filed in May.
In documents, the city's attorneys also said the residents' lawsuit "is not being brought to vindicate a public interest but, instead, is an effort to address and remedy the personal fears, stresses, or anxieties Plaintiffs claim to experience knowing that properly licensed individuals may be carrying concealed weapons at meeting of City Council and the impact thereof of their attendance or participation at such meetings."
In his decision, Tepe wrote the residents' personal stake in the case doesn't necessarily shrink their claim of upholding the public's interest.
"There is no question that the Ordinance at issue affects the Plaintiffs' personal interest," Tepe wrote. "... There is no question that the Ordinance also affects the public interest as it controls when and where licensed individuals can carry concealed firearms."
The Enquirer was unable to reach the residents' attorneys Thursday night.
“The residents we represent ask only that the city comply with state laws intended to keep courthouses and similar government buildings safe,” Len Kamdang, director of litigation strategy and trials for Everytown Law, said in a March press release announcing the suit’s filing. “People should be able to take part in the democratic process without the threat of violence or intimidation.”
An attorney for the city of Lebanon said in a phone call around 5 p.m. she had to check with her client before providing comment. This story will be updated with their response.
This article originally appeared on Cincinnati Enquirer: Judge denies motion to dismiss lawsuit against Lebanon concealed carry ordinance
