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AOL Fires Utah Gun Owners!

America Online, http://www.aol.com,  has been known to gun owners for some
time for their support of anti-gun organizations and policies.  They've
donated large sums of money to liberal, anti-gun Democrat organizations to
support people like Dianne Feinstein, Hillary Clinton and Ted Kennedy.

More recently, they’ve canceled accounts for firearms related web sites on
the grounds that such material is no different than “pornography”.  Never
mind that guns are entirely legal items owned by tens of millions of
Americans.  Never mind that AOL doesn’t seem to think that disgustingly
offensive rock music is a problem.

Now, in another step towards the final elimination of gun owners from
“civilized society”, AOL has fired three exemplary workers for having
firearms in their cars in order to go shooting at a range on their own time!

The three employees are Luke Hansen, Jason Melling and Paul Carlson.  All
three worked as “partner technical consultants” at AOL’s Ogden, Utah
facility, doing higher level technical support.  The Ogden facility employs
about 850 people, according to AOL’s web site, and “handles a range of
technical, billing, third-party and sales calls”. According to Mr. Hansen,
they had worked at AOL for two to four years, and all had good employee
records and good reviews from their supervisors.  Unfortunately (at least
from AOL’s point of view), the three young men also enjoy shooting.

On September 14, 2000, Luke, Jason and Paul met after work in the AOL
parking lot to go shooting at the gun range near Eden, Utah.  In order to
carpool to the range, Jason and Paul transferred their firearms from their
own cars to Luke’s truck, a matter of carrying them a few yards.  Jason
transferred a .30-06 hunting rifle and a 9mm Smith & Wesson handgun.  Both
firearms were unloaded and in cases.  Paul transferred a .45 long Colt
“cowboy style” pistol and a 7.63 X .39 KBI.  The Colt was in a holster, and
both firearms were unloaded.  The handguns had trigger locks in
place.  Luke’s firearms were in his truck and he never touched Jason or
Paul’s firearms.   At no time did they brandish or handle the firearms in a
threatening or unsafe manner.  Luke and Paul hold valid Utah concealed
weapons permits, and Jason is in the process of obtaining one, so all three
are familiar with safe handling and Utah laws.

Although all three of them worked during the subsequent three days, nothing
about the firearms was mentioned.  However, on Monday, Sept. 18, all three
were fired for “violating AOL’s employee policy” which states that firearms
are forbidden on company property, including the parking lot.  According to
Luke, although no one complained, an overzealous security guard saw the
firearms on a video surveillance tape and reported the alleged violations.

AOL does have its firearms policy posted inside the front and back doors of
the building, stating that firearms are not permitted in the building or in
the parking lot, and all three employees were aware of this
policy.  However, they were also aware that AOL’s policy violates Utah
state law.  AOL states that it is a “secure facility”, although under Utah
law secure facilities can be designated only by the legislature, and
include places such as courts, airports, mental health facilities, and
prisons.  By definition, a place open to the public cannot be a “secure
facility”, and AOL’s parking lot is open to the public.  (Actually, it’s a
group of marked stalls in a public parking lot.)  In addition, a secure
facility is required to provide locked safe storage for anyone lawfully
carrying a firearm, and to accept responsibility for stored firearms,
something that AOL clearly was not equipped to do.

On a previous occasion about two months ago, the three men had also
transferred firearms after work, and had been reported to management.  At
that time, Luke Hansen met with AOL’s Ogden General Manager, Sarah
McElwee.  He explained to Ms. McElwee that while AOL might be able to
restrict firearms in the building, it could not restrict firearms in a
public parking lot, and that AOL did not meet the criteria for a “secure
facility”.  Mr. Hansen says he thought the matter was resolved at the time,
although no written changes were made to AOL’s policy.  Ironically, Ms.
McElwee’s husband is known for the very fine firearms he makes!

As a result of the firing, Paul is still looking for work.  Jason, who has
a wife and just bought a new home, has found a new job.  So has Luke, who
is expecting his first child in February.

It appears that AOL management, and especially Ric Waiters, the AOL manager
who fired the three, want to force the issue of illegal, politically
correct, gun bans.  Fortunately for gun owners everywhere, Luke Hansen,
Jason Melling and Paul Carlson are not going to take this lying
down!  They’re not willing to see their rights, or the rights of any other
Utah gun owners, destroyed by America Online.  So they’ve decided to take
on America Online, the 800 lb gorilla of anti-gun corporations.

As Luke wrote in a recent email: “If AOL is allowed to continue with
illegal company policies like this, then ALL companies in Utah can adopt
similar policies. Your employer can whittle away at your gun rights, and
get away with it. The 3 of us have chosen to take a stand, because this is
something that we feel very deeply about. We believe that this is truly an
issue that affects ALL Utah gun owners and ALL Utah CCW carriers. These
aren't just our rights that were violated, they are your rights too.”

The real issue here is whether gun owners are going to be demonized and
excluded from participation in ordinary life, whether we’re going to become
the last persecuted minority.  Remember that most Americans in the “old
South” didn’t assault African-Americans; they simply told them they
couldn’t work in “white” businesses, attend “white” schools and churches,
eat in “white restaurants” or live in “white” neighborhoods.  Likewise, the
Nazis first told Jews that they couldn’t work in German businesses, attend
German schools, or otherwise participate in German society.  Once the Jews
had been isolated, so that ordinary Germans no longer interacted with them,
it was much easier for the Nazis to convince people that Jews were an
“inferior race” and a “public health menace”… and that they should be
murdered for “the public good”.

If we allow ourselves to be isolated and demonized in the minds of our
fellow Americans, then we too will one day find ourselves forbidden to
interact with non gun owners.  We too will find ourselves unable to find
work, to send our children to school, to attend the religious services of
our choice, or to eat in restaurants, shop in stores, or attend movies and
sporting events.  (In addition to this AOL case, there is a ballot
initiative circulating to prohibit gun owners from entering schools and
religious facilities in Utah.)  Eventually we will find ourselves rounded
up into concentration camps or stalked by “public servants” seeking to
imprison or kill us.

So it’s critically important that we resist each and every attempt to
isolate and persecute gun owners NOW - before it’s too late!

Last week, Hansen, Carlson and Melling filed suit against AOL for wrongful
termination.  They are being represented by James “Mitch” Vilos, a local
attorney, firearms dealer, and author of the book Utah Gun Law: Good, Bad
and Ugly, available at www.firearmslaw.com.  Mitch is also the founder of
the Utah Gun Owners Legal Defense (U-GOLD) fund.

AOL has so far refused to comment.  Mace Molen, the Director of Human
Resources has a message on his phone saying he’s “on vacation” until
November 3.

Mr. Vilos believes the three have an excellent chance of winning their
lawsuit.  Like many freedom-loving states, Utah is a “right to work” or “at
will” state, meaning that an employee can be fired at any time.  However,
Mr. Vilos points out that an employee may NOT be fired if doing so violates
public policy.  For example an employer may not fire an employee for being
Catholic or Asian, because that would violate state and federal
anti-discrimination laws.

How does this apply to the AOL case?  According to Mr. Vilos, public policy
is determined by the state constitution and state statutes.

The Utah Constitution clearly states, in Article I, Section 6: “The
individual right of the people to keep and bear arms for security and
defense of self, family, others, property, or the state, as well as for
other lawful purposes shall not be infringed; but nothing herein shall
prevent the Legislature from defining the lawful use of arms.”  Clearly,
Utahns have an indisputable individual right to keep and bear arms.

As noted above, AOL is violating Utah law by declaring its parking lot and
building to be a secure facility, since the parking lot is open to the
public and AOL does not provide the mandated safe storage.

It is not entirely clear whether or not an employer can restrict firearms
in the workplace if the workplace is not open to the public, because Utah
statute does not specifically address this issue.  However, since a special
statute was passed to permit churches to restrict firearms, it would seem
that in the absence of such a statute applying to employers, they may not
do so.  And the Office of Legislative General Counsel previously ruled that
Governor Leavitt’s ban on firearms for state employees was illegal
(although Leavitt still refuses to stop the ban, and Utah's ultra-liberal
attorney general isn’t interested).

Public policy in Utah supports the individual possession of firearms, as
well as the right to carry firearms for lawful purposes including
self-defense, hunting and target shooting.  It therefore stands to reason
that public policy would support three men who go to a range for the
purpose of maintaining and improving their firearms skills.  And because
Utah has problems with traffic congestion and pollution, public policy
supports the use of carpooling.  Thus it seems that public policy supports
the right of lawful gun owners to keep unloaded firearms in their cars and
to carpool in order to use a shooting range on their own time.  And as a
matter of public policy, employers generally are not permitted to regulate
their employees’ legal activities outside of work hours.

Therefore, Luke Hansen, Paul Carlson and Jason Melling are suing AOL for
wrongful termination in violation of public policy and asking for
declaratory relief.  They are also asking for a jury trial, so their case
can be judged by ordinary Utahns.  And they’re asking for reimbursement of
attorney’s fees since this is a matter of clarifying public policy.

By taking such a principled and courageous stand, these three men and their
attorney are fighting for the rights of all gun owners against a virulent
and well-funded anti-gun behemoth.  They deserve the thanks and support of
all gun owners.

What can YOU do?

1. Lawsuits take money!  Although a formal legal defense fund for this case
has not yet been started, Mr. Vilos says that funds can be sent to
U-GOLD.  Please include a note saying that you would like your donation to
go to the AOL case.  Donations are NOT tax-deductible.
U-GOLD
8773 S. 450 East
Sandy, UT 84070

2. Contact the AOL call center in Ogden, Utah.
Mace Molen
Director of Human Resources
801-622-7977
[EMAIL PROTECTED]
2261 Grant Ave.
Ogden, UT 84401
All parties involved ask that you please BE POLITE when contacting Mr.
Molen.  Your goal is to explain why AOL’s actions are wrong, or why you
will no longer do business with AOL, but NOT to personally attack anyone!

3. Contact AOL member support  especially if you are an AOL
subscriber.  1-800-827-6364.  See above message about being
POLITE!  Remember that the AOL employees you talk to are just ordinary
people with a job - not very different from Luke, Jason and Paul.   You
want them to understand that three of their fellow employees were treated
illegally and unfairly and that the same thing could happen to them!

4. Tell your friends and relatives about AOL’s persecution of gun owners
and ask them to complain to AOL.  You might even want to send them the
“Amerika Online” e-postcard, available at:
http://www.keepandbeararms.com/information/XcIBViewItem.asp?id=1400

Should you cancel your account with AOL?  When I asked Luke Hansen, he
said, “I’ll thank people who cancel their accounts, but I can’t ask them to
do so.  It’s an individual decision.”

For those of you who wish to keep supporting AOL, consider donating an
amount equal to your monthly AOL fee to a pro-gun organization!

For those of you who do choose to switch internet service providers,
remember that most large telecommunications companies (AT&T, Sprint, etc.)
are just as anti-gun as AOL.  Check with local providers, or check out
KeepAndBearArms.com’s new internet service at
http://www.keepandbeararms.com/webservices/access/default.asp.

This month AOL announced that they have reached 25 million members.  But
there are at least 80 million gun owners in the United States, a ratio of
better than 3:1!  AOL is huge and wealthy and powerful, but they’re not
invulnerable!  If gun owners take a stand, we can win!

Let’s teach AOL that persecuting gun owners is illegal, un-American and
won’t be tolerated!

(c)2000, Sarah Thompson, M.D.


Sarah Thompson, M.D.
http://www.therighter.com



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