miklcolt45

Guard fired by Disney after gun protest files lawsuit in Orlando -- OrlandoSentinel.com

Gutmacher is the author of Florida Firearms, and a recognized authority on FL gun law.

IF (and I don't know if he did/didn't) Sotomayor consulted with Gutmacher first, there is a chance that this was carefully planned to challenge Disney.

Should be an interesting ride.

Note Disney spokesperson's comment near end.
No idea...my rear.

__________________
Mike

In God we trust. Everyone else,
keep your hands where I can see them.

ArmyCop

I'd like to see the outcome of this one.

__________________
Psalm {14:1} The fool hath said in his heart, [There is] no God. They are
corrupt, they have done abominable works, [there is] none that doeth good.

David in FL

Well, he's got the right guy on his side with Gutmacher!

The problem I see is that my understanding is that he was fired for failing to cooperate with an investigation and to allow his car to be searched......both of which are requirements of any Disney employee.

Had he fully cooperated and then been fired for having the gun, he might have a leg to stand on. As it is, Disney will simply deny that the gun had anything to do with his termination. I think he's dead in the water.

We'll see though.

__________________
"Far better it is to dare mighty things, to win glorious triumphs, even though checkered by failure than to rank with those poor spirits who neither enjoy much nor suffer much, because they live in a grey twilight that knows not victory nor defeat."

Theodore Roosevelt

HotGuns

Since Disney has no legal authority to demand a search of his vehicle, I can't see this as standing. If they thought for a second that he had a gun in the car, they would have callled the LEO's and let them deal with it.

They didnt though. Since he refused to cooperate with an illegal request, if in fact he was fired for that, then it wont stand.

Its a friggen amusment park for crying out loud. Its not like its a matter of national security or anything.

Lots of ifs here though...that the lawyers will get a chance to sort out. It could prove to be interesting.

__________________
AR. CHL Instr.

One of Satan's greatest achievements is to fool you into believing that he doesn't exist.

Kerbouchard

Words have a specific meaning. Disney has contractual authority to search his car. He broke the contract. He got fired.

You are correct that Disney has no legal authority to conduct a search without consent, but he gave consent when he signed his employment paperwork. Edwin withdrew that consent(after telling them he would break their policy) and he was fired for refusing the search.

I agree with David. He should have no chance of winning this case.

__________________
Money can be lost or stolen, health and strength may fail, but what you have committed to your mind is yours forever.

http://miscmusings.townhall.com/

Who is John Galt?

HotGuns

Only time will tell.

__________________
AR. CHL Instr.

One of Satan's greatest achievements is to fool you into believing that he doesn't exist.

InspectorGadget

Gun or not, the employer does not have the right to "Ask" or "Search" under the law. Both the asking if they can search and in the process if they asked about a gun in his car can be considered 2 seperate counts against disney. Even if they asked the Sheriff to ask (to get around the law), they are still in violation of the law (This leads into a whole other argument about probable cause). Assuming that Disney is not exempt!!!! An employer just asking if I have a gun in my car is illegal, whether or not I actually have one. Asking to search my car for a gun is illegal, firing me for having a gun in my car (with a License) is also illegal. Having said that, there are all sorts of catch 22's to firing someone, but if you can show it was for a gun in you car you can press charges and probably make a lot of money from Disney.

Basically from what I understand, the actual presence of a gun in your car is a side point. Sotomeyer is covered, and probably talked it all out with Mr. Gutmacher beforehand.

A contract between 2 individuals is not valid if it is for something that is or has been made illegal as of this law that portion of his contract and anyone elses, Target, Wal Mart etc. is now void.

__________________
Colt 1911 New Agent, CTLaser

God Made all men, Sam Colt made a 5FT tall woman and a 300lb Gorilla equal.

Kerbouchard

It is still illegal and against company policy to bring explosives on to Disney. It is still illegal and against company policy to bring drugs on to Disney property.

You're chasing your tail. Disney did not fire him for having a gun. They fired him for interfering in their search. As far as your opinion of whether a search is 'illegal' because it is the employer wanting to do the search, it is completely unfounded.

You are provided a right against unreasonable search and seizure from your Government, not from your employer. A government branch must have probable cause or a warrant to search your property without your consent. Otherwise any search is illegal.

When you sign your employment contract/handbook, you are GIVING consent, that day and any in the future.

It is not illegal because it is not the government doing it. It is not illegal because you consented to the search. It is not illegal because Disney did not continue to search once consent was withdrawn.

Being as consent was a term of employment, once consent was withdrawn, the employee was terminated. As well he should have been.

This is not some magical constitutional rights case. You are guaranteed the freedom of speech, and yet you cannot say whatever you want at work. You are guaranteed the right to assemble, but your work place limits where you can assemble, or for how long.

An employer, by virtue of him compensating you for your time, can, and does restrict your individual rights.

__________________
Money can be lost or stolen, health and strength may fail, but what you have committed to your mind is yours forever.

http://miscmusings.townhall.com/

Who is John Galt?

miklcolt45

Actually, the more I think about this, I am coming to a different place.

The issue Sotomayor and Gutmacher may be pursuing is whether or not it is legal for Disney to search/ask IF the new 'gun in car law' stands.

IIRC, the law states that the employer cannot ask/search if the employee has a CWFL. Disney is claiming they can search/ask based on the fact that they have an exemption from following this law due to their fireworks license. So, this may be a test case on whether or not Disney is exempt from the law.

__________________
Mike

In God we trust. Everyone else,
keep your hands where I can see them.

InspectorGadget

"Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act of 2008"
http://www.flsenate.gov/data/session.../h050303er.pdf

"Preservation and Protection of the
3 Right to Keep and Bear Arms in Motor Vehicles Act of
4 2008"; creating s. 790.251, F.S.; creating the
5 "Preservation and Protection of the Right to Keep and Bear
6 Arms in Motor Vehicles Act of 2008"; providing
7 definitions; providing legislative findings and intent;
8 prohibiting a public or private employer from prohibiting
9 a customer, employee, or invitee from possessing any
10 legally owned firearm that is lawfully possessed and
11 locked inside or locked to a private motor vehicle in a
12 parking lot; prohibiting a public or private employer from
13 violating the privacy rights of a customer, employee, or
14 invitee by verbal or written inquiry regarding the
15 presence of a firearm inside or locked to a private motor
16 vehicle in a parking lot or by the search of a private
17 motor vehicle in a parking lot to ascertain the presence
18 of a firearm within the vehicle; prohibiting actions by a
19 public or private employer against a customer, employee,
20 or invitee based upon verbal or written statements
21 concerning possession of a firearm stored inside a private
22 motor vehicle in a parking lot for lawful purposes;
23 providing conditions under which a search of a private
24 motor vehicle in the parking lot of a public or private
25 employer may be conducted; prohibiting a public or private
26 employer from conditioning employment upon specified
27 licensure status or upon a specified agreement;
28 prohibiting a public or private employer from attempting
29 to prevent or prohibiting any customer, employee, or
30 invitee from entering the parking lot of the employer's
31 place of business because the customer's, employee's, or
32 invitee's private motor vehicle contains a legal firearm;
33 prohibiting public or private employers from terminating
34 the employment of or otherwise discriminating against an
35 employee, or expelling a customer or invitee, for
36 exercising his or her constitutional right to keep and
37 bear arms or for exercising the right of self-defense;38 providing a condition to the prohibition; providing that
39 such prohibitions apply to all public-sector employers;
40 providing that, when subject to the prohibitions imposed
41 by the act, a public or private employer has no duty of
42 care related to the actions prohibited thereunder;
43 providing specified immunity from liability for public and
44 private employers; providing nonapplicability of such
45 immunity; providing construction; providing for
46 enforcement of the act; providing for the award of
47 reasonable personal costs and losses; providing for the
48 award of court costs and attorney's fees; providing
49 exceptions to the prohibitions under the act; providing
50 applicability; providing an effective date.


The actual full law is at the link above. This law specifically applies to employers and businesses you visit. The Law has not been struck down yet so it is valid in FL. The question at hand is Disneys Exemption.

__________________
Colt 1911 New Agent, CTLaser

God Made all men, Sam Colt made a 5FT tall woman and a 300lb Gorilla equal.