Oregon Teacher Loses Right to Defend Herself

Click here for PDF of the ruling.

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Judge rules teacher cannot bring gun to school

PORTLAND, Ore. (AP) - An English teacher in Southern Oregon has no right to take her semiautomatic handgun onto school grounds, a judge said Friday in a ruling that may clarify a possible conflict between school policy and state law on concealed weapons.

Shirley Katz claimed she had a right to carry a handgun, as a defense against intruders or her former husband, despite Medford School District policy against teachers carrying weapons.

Her attorney, James Leuenberger, argued that only the Legislature, not local governments, can regulate firearms under state law.

But Jackson County Circuit Judge G. Philip Arnold ruled Friday that an ordinance is different from a school district employment policy for its teachers.

"The district has the right to enforce its policy," Arnold wrote to conclude his nine-page ruling.

State law does not prohibit carrying a gun in school if the owner has a concealed weapon permit issued by a county sheriff.

But the Medford School District has a policy that prohibits employees from carrying firearms. Teachers or staff could face disciplinary action or be fired for violating the policy.

Tim Gerking, the school district's lawyer, welcomed the ruling.

"Allowing staff to carry weapons into school buildings wouldn't enhance safety, it would only make it worse," Gerking said. "We'd have a completely new risk of accidental injuries as a result of these weapons."

Leuenberger said he planned to appeal.

"I think the judge obviously is wrong," Leuenberger said. "To make a big difference between a policy and an ordinance makes no sense. This is just an antigun decision."

Katz has said she obtained the Glock 9mm handgun - favored by many police departments - to protect herself against alleged threats from her ex-husband during their divorce in 2004. The ex-husband has denied the allegations, but a judge granted a restraining order against him that since has expired.

Arnold noted in his ruling that Katz's "personal problems are not a factor in deciding this case" and that, "likewise, the wisdom of the district's policy is not a factor ... the issue before this court is whether or not the state statute prohibits the district from having its policy ... ."

Most Oregon school districts have policies against guns on school grounds.

A spokeswoman for state school Superintendent Susan Castillo said Oregon Department of Education officials had not seen the ruling and could not comment.

Oregon Teacher Steps Forward

Oregon teacher suing to carry gun in class reveals identity

PORTLAND, Ore. (AP) — An Oregon teacher suing to assert a right to carry a gun at school has made her name public.

She is Shirley Katz, 43, a teacher for 21 years, the last seven in Medford. She teaches English at South Medford High School.

She went public in interviews beginning Tuesday with Lars Larson on his talk radio show.

Katz says she fears her former husband. They were divorced last year, and she has had two restraining orders against him, the last of which expired in September. She said she missed a deadline to renew it.

Gerry Katz, 54, a photographer, told the Medford Mail Tribune that he's no threat and said his former wife has made unfounded accusations as part of her effort to limit his visitation with their 5-year-old daughter.

Shirley Katz has custody, and Gerry Katz has weekly visitation rights under the divorce decree, which required him to complete an anger management class, the Mail Tribune reported.

On Sept. 26, a judge denied her bid to limit visitation rights and his request for full custody, the paper said.

Gerry Katz also has a concealed weapon permit, but his gun was seized after he waved the weapon at another driver and was charged with disorderly conduct, the paper said.

Shirley Katz filed her suit under the pseudonym Jane Doe. She said she went public after the school district filed a motion to dismiss the case based in part on her anonymity.

"I am definitely under the microscope," she said. "I had sought to avoid that (by remaining anonymous). My son goes to school here. My daughter is in the school system."

Katz filed the lawsuit Sept. 18. Oral arguments are scheduled for Oct. 11.

The Oregon Firearms Foundation is financing her lawsuit.

Oregonians who have concealed weapon permits may carry a gun onto most public properties, including schools, without violating state law.

School districts, however, commonly bar teachers from carrying guns to classrooms.

Oregon Teacher Poll

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