UPDATE;Judge rules in favor of AOL in case of employee gun ban

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Judge rules in favor of AOL in case of employee gun banDecision extends workplace to 350 parking stallsTue, Feb 5, 2002 By TIM GURRISTERStandard-Examiner staff OGDEN -- A 2nd District Court judge has ruled America Online was within its rights when it fired three employees for violating a ban on guns in the company's leased parking lot.The Monday ruling in effect extended the workplace to the 350 stalls AOL leases at its Ogden call center at 2261 Grant Ave. Judge Roger Dutson said in delivering his decision that places of employment are known to be volatile places. "I don't think a worker should have to face the prospect of getting up to go to work in the morning wondering if a co-worker he's had some friction with is armed," Dutson said.Luke Hansen, Paul Carlson and Jason Melling were fired by AOL on Sept. 14, 2000, when they transferred guns between their vehicles, preparing for a round of target shooting after work. They sued, claiming violation of their 2nd Amendment right to bear arms. Dutson said the case is the first in Utah to deal with employer"s rights versus the right to bear arms "so it"s very important to both individuals and employers."AOL had every right to control employees behavior in the company"s "exclusive, marked stalls," he said. "AOL exercised reasonable enforcement of their exclusive right to those lots."Dutson noted AOL has paid damages to employees in injury cases involving the stalls.The judge rejected the fired employees contention that the lot was a public place because the public had free access. Rob Sykes, their lead counsel, cited case law from the 1980s where the U.S. Supreme Court ruled operators of a privately owned mall did not have the right to evict peaceful, non-violent protesters because of First Amendment guarantees."The thing I think he missed, is that this is a public place," Sykes said, referring to Dutson"s view of the parking lot. "The property rights there are very slim. He gave it more importance than he should have."The issue still is what is a public place . . . this is something upon which people of good faith will differ." Sykes and his clients will decide whether to appeal Dutson"s ruling probably within a week."We"re leaning that way," Sykes said.AOL lawyer Gregory Stevens said after the hearing that company policy does not allow employees to talk to reporters.Elwood Powell, a lawyer and chairman of the Utah Shooting Sports Council, who was on hand for Monday"s announcement, said the issue is self defense.He said his organization now has to consider approaching the Utah Legislature about raising the level of workman"s compensation claims employees can bring against employers "who prohibit employees from defending themselves."Two "friend of the court" or amicus briefs were filed by statewide employer groups in support of AOL by the Utah Society of Human Resource Managers and the Utah Manufacturers Association. http://www.standard.net/standard/news/news_story.html?sid=00020204231020267056