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An
Internet Publication for Real Americans
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AOL
Fires Gun Owners!
©2000,
Sarah Thompson, M.D.
- Posted: 10.30.00 |
America
Online
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
from �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
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
General Manager, Sarah McElwee. At that time, 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 our 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.
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.�
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!
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.
Let�s teach AOL that persecuting gun owners is illegal,
un-American and won�t be tolerated!
©2000, Sarah Thompson, M.D.
Dr. Thompson is the Executive Director of Utah Gun Owners
Alliance, www.utgoa.org.
She also writes The Righter, www.therighter.com. She can
be reached at [EMAIL PROTECTED].
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