Lake County Superior Court Judge John Sedia denied a motion to dismiss Monday in a pending lawsuit filed 25 years ago by the city of Gary against the gun industry.
The 1999 lawsuit alleged the gun industry should be held as a public nuisance for supplying guns they know will reach criminals and others who can’t legally buy them.
In March, the 11 gun manufacturers filed a motion to dismiss the case citing a new law signed by Gov. Eric Holcomb. The law, which was made retroactive to three days before the 1999 lawsuit was filed, takes the right to sue the gun industry away from municipalities and allows only the Indiana Attorney General to file such lawsuits.
Sedia ruled Monday that while the state legislature can make laws that are retroactive, “it cannot end this lawsuit which the appellate courts of this state have found to be permitted by prior statute,” according to the motion.
“To do so would violate years of vested rights and constitutional guarantees set forth so eloquently in Gary’s Memorandum of Law,” Sedia wrote. “To avoid manifest injustice, the substance of this lawsuit must be taken to its conclusion.”
The new law could create issues with determining the real party in interest of a case, Sedia wrote. In this case, Gary filed the lawsuit on behalf of its residents, Sedia wrote, and the city and its residents are “entitled to the fruits of the action” from the lawsuit and not the Attorney General.
Gary Mayor Eddie Melton said in a statement he was pleased that the court ruled to uphold the lawsuit.
“It is a significant step in affirming and protecting the vested rights and constitutional guarantees of the citizens of the city of Gary. This ruling reinforces the importance of the independence of each branch of government,” Melton said.
State Rep. Ragen Hatcher, D-Gary, said in a statement the state attempted to end the lawsuit on behalf of the gun lobby and attempted to give firearm manufacturers some legal immunity.
“Yesterday’s decision upheld the rule of law, and the court recognized the importance of this lawsuit to Gary and Indiana’s other urban communities. Yet again, the gun lobby tried to stop this lawsuit and yet again Gary prevailed,” Hatcher said.
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Hatcher remembered when the lawsuit was filed in 1999, a time when Gary “was the murder capital of the world,” and that it felt like city officials were taking action to address the rise in gun violence and increase public safety.
“Gary has improved immensely since then in part due to this lawsuit. This lawsuit warns firearm manufacturers that we noticed their predatory practices. We noticed that they were pumping guns to retailers even though our community was suffering,” Hatcher said.
State Sen. Rodney Pol, D-Chesterton, a city of Gary attorney, said the state legislature has tried three times in the last 20 years to intervene in this lawsuit.
“The city has prevailed every time because it’s a valid case,” Pol said. “I think that’s a testament to the validity of our claim. It’s been a roller coaster of a case.”
Pol said Sedia’s ruling is a win for the city.
“I thought it was well researched,” Pol said. “(Sedia) approached it in a really realistic way.”