Settlement reached in lawsuit over concealed weapons at the fair

By: SCOTT MARSHALL - Staff Writer | Monday, June 19, 2006 11:32 PM PDT ∞

NORTH COUNTY ---- A settlement has been reached in a federal lawsuit that challenged a policy prohibiting off-duty and retired law enforcement officers from bringing concealed weapons with them to the San Diego County Fair in Del Mar, according to court documents.

Jim Duffy, president of the Deputy Sheriff's Association of San Diego County, said the settlement calls for a policy adopted for the county fair this year ---- which allows off-duty and retired officers to carry concealed weapons ---- to become the permanent policy for future fairs as well, unless a change in the law occurs that would permit a more restrictive policy.

Fairgrounds officials started prohibiting officers from bringing concealed weapons to the fair near the end of the 2003 event, and the policy continued through the 2004 fair and into last year's fair. The Deputy Sheriff's Association and the San Diego Police Officers Association filed a lawsuit in June 2005 in federal court to challenge that policy and obtained a court order allowing them to take their weapons to the 2005 county fair.

The board of the state's 22nd District Agricultural Association, which runs the Del Mar Fairgrounds, voted unanimously June 6 to adopt the revised policy for 2006. That policy requires officers to show their credentials to an on-duty San Diego County sheriff's deputy and sign a release form before entering the fair with a concealed weapon.

The release requires each officer to verify that his or her employer authorizes them to carry a weapon and to comply with all applicable federal and state laws and standards and policies established by their employer. The release also requires that officers not be under the influence of alcohol or drugs.

A policy for retired officers allows officers who retired in good standing ---- and for reasons other than mental instability --- to carry concealed weapons, provided they have met all of the firearms training and qualifications standards from the state where they worked.

The terms of the settlement, presented last week to U.S. Magistrate Judge William McCurine Jr., still must be approved by the agricultural association's board of directors, which next meets on Aug. 8.

Timothy Fennell, the chief executive officer and general manager of the fairgrounds, was unavailable for comment Monday, one of three Mondays that the fair is closed during its 22-day run, a fair spokeswoman said.

Deputy Attorney General Deborah Mitchell, who represented Fennell and the agricultural association board in the lawsuit, said she could not comment on the settlement until after the board approves it in August.

Duffy said he believes the settlement meets the needs of both sides in the lawsuit.

The officers associations had said the policy prohibiting officers from carrying concealed weapons at the fair violated federal law and put officers and their families at risk from people they may have arrested previously.

Fennell has cited concerns about safety for patrons and employees, about weapons dislodging if armed officers went on fair rides, and about armed off-duty officers drinking alcoholic beverages sold at the fair.

Duffy said federal and state laws allow off-duty officers to carry concealed firearms, in part, because they have the authority to try to prevent crime and protect people even when they are off duty.

"A law enforcement officer is a peace officer 24 hours a day," Duffy said.

The laws also allow officers to carry concealed weapons to protect themselves and their families in case someone tries to retaliate against the officers, Duffy said.

"The bad guys of the world don't differentiate between somebody being on duty or off duty," Duffy said.

The San Diego County Fair has attracted more than 1.2 million people each of the last two years. It began June 10 and runs through July 5.

-- Contact staff writer Scott Marshall at (760) 631-6623 or smarshall@nctimes.com.

On the Web:


www.sdfair.com

Previous articles:


http://www.nctimes.com/articles/2006/06/07/news/top_stories/20_45_496_6_06.txt

http://www.nctimes.com/articles/2006/06/02/news/coastal/21_21_036_1_06.txt

http://www.nctimes.com/articles/2006/04/25/news/coastal/del_mar/19_42_504_24_06.txt

http://www.nctimes.com/articles/2005/06/28/news/top_stories/62705202045.txt

24 comment(s)[-]Go to Top

About time! Already! wrote on Jun 20, 2006 8:19 AM:Enough! This was a slam dunk!

Tax Payer wrote on Jun 20, 2006 8:29 AM:Timothy Fennel needs to get a life!

Oceanside Lifer wrote on Jun 20, 2006 8:58 AM:Obviously Fennell and his Board or the Deputy Attorney General, Deborah have ever had to deal with the "bad guys" as Duffy knows the Officers have. Obviously they have never had to worry about their families in such a way. Thank You to the Court! If the Board does not accept the Courts decision I hope they take the Board to Court again!! What a bunch of jerks! Forget the Fair and the Race Track!!

Honest Citizen wrote on Jun 20, 2006 9:01 AM:Why only law enforcement. All honest citizens have a right to bear arms.

Tax Payer wrote on Jun 20, 2006 9:41 AM:Honest Citizen - Absolutely!!! Why can't I, as a law-abiding citizen, carry a concealed weapon after going thru proper channels of qualifing for one? I'm just as afraid for my family as the cops are from gangbangers and tweakers, not to mention the occasional corrupt cop!

Pete Nice wrote on Jun 20, 2006 9:44 AM:We need as much security as we can get at these large events. I don't see why this was an issue to begin with. I don't know about Honest Citizon's comment, I wouldn't want some Yahoo coming in with a gun & looking for a reason to unload it into the Hot Dog On A Stick cart or something like that. All law enforcement, active or retired, should be allowed to carry their weapons anywhere in the state that they serve or served. Fennell & Deborah, get a clue!!! BACK THE BADGE!!!

Cop Out wrote on Jun 20, 2006 9:49 AM:Just another excuse to make them feel important. What about all those people they put on the stand and have to testify for the prosecution. They are at risk just as much as that off-duty officer.

two sides on this issue wrote on Jun 20, 2006 10:38 AM:Honest Citizen I agree with you 100% “all honest citizens have a right to bear arms.” We are all in danger give me a break I don’t buy this, “Officers protecting their families”, so what happens if the officers screw up and they start shooting innocent people at the fair who is legally liable? The fair? We hope that all of the officers are good guys but not all are! Does anyone remember officer Pryor? There are two sides in every issue.

To Honest Citizen wrote on Jun 20, 2006 10:44 AM:Why not give you guns. The we would have more security! I am a cop, I don't have problem with average joe, who has nor criminal record to have gun. Just know what you are doing with it!

Officer Pryor wrote on Jun 20, 2006 11:42 AM:Who was he?

Guiseppi = wrote on Jun 20, 2006 12:47 PM:What is so complicated about this? 'A well regulated militia being necessary to the security of a free State, the right of the People to keep and bear arms shall not be infringed.' Who are the People? What reason does the 2nd Amendment for this right?

Juan wrote on Jun 20, 2006 1:02 PM:Whats wrong with a good knife?

Nick wrote on Jun 20, 2006 1:57 PM:It all has to do with the City of Del Mar and it's citizens. They seem to think that they are so much better than everyone else. Lets see, who were the first to ban alcohol and bonfires from the beach? Yep, Del Mar, the rest of the cities followed their lead. Next, How about dogs ? Right again, Del Mar, now you are only allowed to have your pets in certain areas at certain times. What else? Smoking, you guessed it, Del Mar again. Of course, it's banned because it is such a big trash issue, not because it's easier for people to hate smokers. I guess they don't think all the empty water bottles, empty bags of chips and candy wrappers are that big a deal. Thank God they banned smoking, now when you are walking along Hwy 101 in downtown Del Mar, you can take a BIG, DEEP, breath, of the cool clean auto exhaust fumes coming from the moving parking lot they call Hwy 101. Don't you feel better now? I can't wait to see what personal freedoms and Constitutional Rights they are going to try to take away next. Gun control means hitting what you aim at. If you don't like guns, DON'T OWN ONE.

VEE wrote on Jun 20, 2006 2:38 PM:I think that old cops, new cops, only need guns to feel special! Seriously, these people hold little education and dont know what is right from wrong! All they know is how to be trigger happy! So they feel they need the guns! Duh people!

To Vee wrote on Jun 20, 2006 3:34 PM:How much schooling do you really have! Be honest!

Educated Copper wrote on Jun 20, 2006 3:36 PM:VEE stated "... these people hold little education and dont know right from wrong!" I believe your education is somewhat lacking as well. "dont" is correctly spelled "don't." Could it be that you, like officers, are human and do make mistakes? Furthermore, is your opinion based on statistical analysis? I hold two BA's and will start a MS in the fall. Many of my partners also hold degrees as well with others continuing their respective educations. Officers do not need guns to feel special nor are they trigger happy. If "trigger happy" occurs, why do some many suspects survive being shot? "Trigger happy" would invoke death from repeated shots. VEE, you need to evaluate your argument based on logic and truth not one based on emotion. For the record, I have never carried a gun to the fairgrounds because on the crowds and not wanting some person to overreact to contact with a firearm that I would carry. With that said, I do carry my firearm on a regular basis outside of the fair.

Support the Law wrote on Jun 20, 2006 3:39 PM:I am for the off-duty officers having firearms. You don't stop being a police officer when you clock out for the day. I would feel safer knowing that only police officers who have been properly identified are carrying arms. They have been fully trained to handle hostile situations and I have faith that they would use good judgement when faced with certain altercations. As for the average Joe carrying a weapon? Absolutely not. Leave the law enforcement to the police.

John wrote on Jun 20, 2006 4:52 PM:Im with TWO SIDES> on this one.e have a RIGHT to self protection and we have a RIGHT to keep and bare arms.nothing more needs to be said.

john wrote on Jun 20, 2006 4:54 PM:Juan,dont get me laughing.You never bring a knife to a gunfight.

John wrote on Jun 20, 2006 4:57 PM:This support the law character is the type of person I worry about,more so than gang bangers and bad cops,hes willing to give up a little freedom for a little security,He deserves neither.

largo wrote on Jun 20, 2006 8:06 PM:I'm a cop and I don't know anyone who carries a gun to "make them feel special". We do carry guns because the job is dangerous. Most people are good, but there are a lot of idiots like VEE out there.

Barb V. V. wrote on Jun 20, 2006 10:00 PM:In answer to the question of "who is Pryer?" It is Craig Peyer, who killed Cara Knott in the 80's. But as to any worry that such a rogue cop might suddenly go berserk and start shooting at the fair. Never has happened in all the years previous to last year's edict. Peyer did his murder in secret. BTW -- this lawsuit is another example of how often we must resort the legal action in the courts to get injustices corrected. The wonderful lawyers at the USJF restored my faith in the legal profession.

Fair or Unfair wrote on Jun 21, 2006 4:25 AM:Of all of the previous comments, 'largo' seems to be the most rational. I remember the 'Pryor' case but believe that one bad apple shouldn't spoil the whole bunch. If you're in law enforcement, take a strong stand. We need the input of the honest professionals.

john wrote on Jun 23, 2006 8:18 AM:Hea Barb, this kinda stuff happens all the time accross the country.Theres plenty of rogue cops. Fortunately it doesnt happen here alot.

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