Holding the State Liable for Gun-Related Childhood Trauma Issues
When it comes to gun violence across the United States are country seems just as divided as its ever been – with most of the left hoping to get rid of any and every gun on the street and the right, for the most part, believing that every American has the right have a firearm, in an effort to protect their family and prevent them from whatever harm might ever come their way. However, while there is still major division between parties and people in general, the last few years of violence and specifically teen and young adult gun violence has truly turned much of the world on its head – causing many supporters to shrug their shoulders, and some individuals, such as an anonymous veteran in Southern Florida voiced his concerns to a packed room at a recent town hall. While still being a gun owner himself, and war hero who supported an individual’s right to carry and right to safety as he called it, but with the news like it is he has lost faith in this generation of young adults – believing that all the sensory inputs, the lack of good sleep, and the fact that reading is becoming a thing of the past with YouTube and other platforms taking its place – have simply left this generation without the maturity or the humanity it takes to carry a weapon such as a gun.
The best gun owners are those that understand what they have in their hands and why it is something no one should have, unless they are using it in an absolute, kill or be killed scenario in an effort to protect themselves and those that they love, there isn’t any other reason to have or to let alone use such a thing. And instead of responsibility and advancement you expect to hear from all this new technology, you see immaturity levels we haven’t heard of in years past, and kids pretending to be in a video game, picking off their classmates and friends inside their high school – while only a few hours later they’re wondering why they’ll be spending 10 life sentences in a dirty cell, with men who are a lot more heinous than this child pretended to be.An while this grizzled anonymous veteran might blame modern society and what’s becoming the Tik-Tok age, some of us have different ideas. According to Ms. Anissa Morris of Spinner Law Firm, the best personal injury attorney in Ruskin has to offer recently individuals who have long opposed guns in our country and especially when they’re in any way accessible to our youth, are backing a federal class action lawsuit in Chicago, which has named quite the unusual target as the defendant of the lawsuit – the state of Illinois. Some call it fitting, the ones that think like I do? Poetic justice.
See Chicago was long since considered a mecca of culture, and a certain suave coolness, that many individuals across the states were dying to attain. To many, Chicago was Midtown Manhattan with a couple drops of southern flare. The home of influential artists and musicians across every genre or medium, like Earth, Wind & Fire, Sam Cooke, Styx, Kanye West and many more. However, the Chicago of yesterday, is not the Chicago of today, as it’s become a center for gun and gang violence – a city in which the murder rate for just the summer months obliterates that of a full year in certain crime ridden east coast cities. of late destroying and as the best personal injury attorney in Ruskin, its nearly impossible to solve so many of these murders unless the shooter was caught on camera, or he confessed, otherwise – attempting to get any witness testimony in Chicago’s southside, even a whisper is the closes thing to impossible – as everyone of all ages in ‘the game” out of “the game” – doesn’t matter, in Chicago they will kill you for the thought that you might have talked to police about anything at all.
Anyway, as an injury lawyer in Ruskin, Ms. Morris, is quite familiar with the particulars of the class action suit. The suit, filed in late 2018 and recently given a green light to proceed by U.S. District Judge Joan Gottschall, argues that hundreds of kids have PTSD and learning disabilities stemming from exposure to gun violence and that the state of Illinois — which is responsible for children’s public education — is partially to blame. You might be asking how is that possible? Well according to Ms. Morris being the best personal injury attorney in Ruskin has allowed her to get certain critical pieces of information on such a landmark case. Supposedly, by shirking its responsibilities under federal and state law to regulate the flow of illegal guns into violent, high-crime neighborhoods.
The core of the plaintiffs’ legal argument deals with the Americans With Disabilities Act, the 1990 civil-rights law that prohibits discrimination against people with disabilities in all areas of public life. The plaintiffs contend that the state has an obligation under ADA to provide “reasonable accommodation” for the learning-disabled children because it failed to take the proper steps to curb the gun violence. The plaintiffs mainly would like much stronger state gun regulations especially those that target the dealers of said guns – as they tend to walk away Scott-free and its Chicago’s children that are losing some of their most formative years in the correctional facilities. One thing that’s important is that people understand it is not a 2nd amendment case at all.
Not a Second Amendment Case
Legal scholars and analysts have been weighing in on this case because, as gun litigation goes, it is unusual in several ways:
· The plaintiffs are not claiming a constitutional right to be free from gun violence; they are claiming a statutory right under ADA.
· Because it is not a constitutional argument, the Second Amendment doesn’t enter the picture — highly unusual for gun litigation.
· States have been defendants in gun litigation, but typically those lawsuits are brought by gun-rights organizations, not by anti-gun plaintiffs.
While the case is drawing attention, it’s important to keep in mind that its future is highly uncertain. Judge Gottschall’s ruling only dealt with whether the case had enough merit to proceed. Most cases settle before trial, and that may be the case here.Basing the case on the ADA does seem like a highly unusual legal tactic, and the National Rifle Association has jumped on it as “a wild abuse” of the statute. The NRA said that “reasonable accommodations” under ADA refer to things like wheelchair ramps at public polling places or handicap stalls in public-school bathrooms, not restricting gun dealers. For more information on this case or a case of and gun control laws from the top injury lawyer in Ruskin, be sure to contact Ms. Anissa Morris today.