DOE v. MEDFORD SCHOOL DIST. 549C

073765E2; A137804.

221 P.3d 787 (2009)

232 Or. App. 38

Jane DOE, Plaintiff-Appellant, v. MEDFORD SCHOOL DISTRICT 549C, Defendant-Respondent.

Court of Appeals of Oregon.

Decided November 18, 2009.


Attorney(s) appearing for the Case

James E. Leuenberger, Lake Oswego, argued the cause and filed the briefs for appellant. Timothy C. Gerking, Medford, argued the cause for respondent. With him on the brief were Thaddeus G. Pauck and Brophy Mills Schmor Gerking Brophy & Paradis, LLP.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Anna M. Joyce, Assistant Attorney General, filed the brief amicus curiae for State of Oregon.

Rebekah R. Cook filed the brief amicus curiae for Oregon School Boards Association.

Bruce L. Campbell, Jeffrey G. Condit, Portland, Michael Porter, and Miller Nash LLP filed the brief amicus curiae for Portland Public School District No. 1J and Portland Community College District.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.


LANDAU, P.J.

Medford School District 549C adopted a policy that prohibits its employees from possessing firearms on school district property or at school-sponsored events. Plaintiff, a school district employee who wishes to carry a handgun while teaching, initiated this declaratory judgment action challenging the lawfulness of that policy. The scope of that challenge is a narrow one: Plaintiff contends that the school district's policy violates a statute, ORS 166...

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