|Case Forum:||Michigan Supreme Court|
|Keywords:||district library, open carry, preemption, pre-emption, local control, weapons policy|
Thomas R. Schultz (P 42111) | Johnson, Rosati, Schultz & Joppich, P.C. | 34405 W. Twelve Mile Road Suite 200 | Farmington Hills, MI 48331-5627 | 248-489-4100
Michigan Association of Police Chiefs
MCl 123.1102 says exactly to whom it was intended to apply. District libraries are not on that list. The Court of Appeals’ decision should therefore have ended with its acknowledgment of that fact. For the Court of Appeals to continue its analysis and find that the legislature impliedly intended to cover district libraries like CADL within that list violates every canon of statutory construction requiring courts to apply statutory language as written. CADL is a creature of both the state constitution (Const 1963, art 8, § 9) and a state statute, the DLEA, both of which authorize the weapons policy, as even the Court of Appeals adrnits. CADL’s policy relating to weapons in its buildings is one of purely local concern-and of local responsibility-and had the Court of Appeals in this case given the required deference to CADL’s broad constitutional and statutory authority under those laws it would have had to reach a finding of no implied preemption.
Michigan Supreme Court:
|MSC requested LDF amicus brief?||No|
CADL is a district library established pursuant to the DLEA and a district-library agreement executed by the city of Lansing and Ingham County on March 10, 1997. CADL has branches throughout Ingham County. It is funded by property taxes and state assistance; it also receives distributions of penal fines. Seven members constitute its operating board. Municipalities within the district appoint the board members; however, the board members operate independently of the municipalities. Under the DLEA, the operating board has the authority to adopt bylaws and regulations. CADL’s operating board adopted a code of conduct that contains the following weapons policy, which is the subject of this litigation: “All weapons are banned from Library premises to the fullest extent permitted by law.”